For cross examination

Querist : Anonymous (Querist) 17 November 2011 This query is : Resolved
rispected sir,

i want to know that is there any specifice provition for cross examination in domestice violance cases in domestic violane act 2005. i read the section 12 of the said act i found it say only for hearing not mention after considering the both side evidance. please give the proper reply for the abvoe question.

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Devajyoti Barman (Expert) 17 November 2011
It is the evidence Act which guides the rules of examination like any other cases.
So there is no special provision except what has already been prided for in the Evidence Act.

Rajeev Kumar (Expert) 17 November 2011
Mr.Barman is right

Raj Kumar Makkad (Expert) 17 November 2011
Domestic Violence Act 2005 is a special act which empowers trial magistrate to adopt its course while deciding such application filed under section 12. It is a summary procedure so evidence on affidavit is taken from both sides and no cross-examination generally takes place like consumer complaints.

Devajyoti Barman (Expert) 17 November 2011
Without cross examination no evidence is complete or has nay evidenciary value.

In Consumer cases as well the cross examination very much takes place by way of putting questionnaire.

prabhakar singh (Expert) 17 November 2011
BHAYA APNI LATHI APANI BHAINS HAI KANOON.

N.K.Assumi (Expert) 18 November 2011
with due respect to Raj, I must say that although DVA has its own special procedures, cross examination under the Evidence Act, is vital parts of procedures and it go not be passed by, or else the court will be reduced to a paper court only.

Shonee Kapoor (Expert) 18 November 2011
I agree somewhat with Mr. Makkad, that in Haryana it is treated as summary trial w/o cross examination. However Delhi HC declared that cross-examination in PWDVA is a must, if the accused insist.

Hence, one must take it to HC if cross-examination is not allowed.

Though the procedure remains the same as in any other trial.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 22 November 2011
Ok, I see.......

prabhakar singh (Expert) 22 November 2011
Just like custom Procedures are also not uniformed.

Arun Kumar Bhagat (Expert) 28 November 2011
Statements which have not gone through the rigours of cross-examination have no evidenciary value. Haryana Courts are not above to it. Mr. Barman is absolutely right.

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