246(5) crpc
Vijay Kumar
(Querist) 13 October 2012
This query is : Resolved
U/s 246(5)CrPC, the witness named by accused has been recalled.
But at this stage,the complainant has made a prayer before the court that this particular witness be not be allowed to be further cross examined.
We, the defence, want to conduct further cross examine.Kindly suggest case laws.
Ms.Nirmala P.Rao
(Expert) 15 October 2012
Dear Client,
Normally, the court shall give the defense also an opportunity to further cross examine or reexamine a defense witness when he is recalled. But the court may allow the prosecution's objection of not giving the deference a further chance/opportunity of cross examination a defense witness and sustain the prosecution's objection to prevent gross injustice to the prosecution etc. .
Ms.Nirmala P.Rao
Legal Expert
Arun Kumar Bhagat
(Expert) 09 November 2012
It is unfettered right of the accused to cross-examine the prosecution witness named by him.This right can not be curtailed in order to prevent miscarriage of justice. The language of section 246(5)CrPC needs no elaboration.
