Witness.
Querist :
Anonymous
(Querist) 12 March 2011
This query is : Resolved
In any criminal case during the proceedings in the court both the parties have submitted the witness name but a sudden one police inspector comes in the court & says to the opposite advocate that we have arrested a eye witness or he/she came to the police station & he/she can answer the question regarding the matter going on the court AT THAT TIME so can the judge allowed that witness to give the evidence or speak in between the court even though the witness name was not named in the submission list give by the opposite party that these many witness i have.
Eg : P a advocate of d & e a advocate of n during the court timings eg : 10 to 5 they were (means P a advocate of d & e a advocate of n ) were debating the case with the judge as we see the film . But a sudden a police man q comes & say in the ears of e a advocate of n that there is a eye witness would like to say something or the police man has arrested him & he/she said that he/she would like to say something in matter of the case. but p a advocate of d says i object becasue the eye witness name was not presented in the list before the trial began so he/she can't give the evidence or any oral evidence to the court ?
As per which case apex court case law PLS.
Does the matter is also applicable in case of civil case(S).
Thanks In Advance.
God Bless U All.
Guest
(Expert) 13 March 2011
It is the discretion of the court to allow or not to allow any new witness in the criminal case. However, if the case goes against the opponent party, he has the right to question in his appeal to higher authority about allowing of any witness during the proceedings without allowing sufficient time to prepare for the defence of his case.
But in civil case, the courts normally allow appropriate time to the opposite party on allowing any new witness and before recording his evidence.
