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ashok kumar (Social Worker)     06 August 2014

Cross examination of prosecution witness

Cross Examination of prosecution witness

Can the defence refer to a written questionnaire while cross examining the prosecution witness in a criminal case?



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     09 August 2014

The defence cannot go beyond the case, pleadings, evidences deposed already, during cross examination. What do you mean by written questionnaire?

ashok kumar (Social Worker)     09 August 2014

By written questionnaire I simply mean that can teh defence prepare a written list of the major  points & questions that the defence desires to put to the prosecution and refer teh same during teh cross examination Of course, based upon the FIR, pleadings, evidences deposed by the prosecution

G.L.N. Prasad (Retired employee.)     10 August 2014

Does it mean "interrogatories" served on him in advance without further cross examination on the issues moved in interrogatories.  But I understand that interrogatories are only for Civil matters and has to be taken as evidence for that case alone.

ashok kumar (Social Worker)     10 August 2014

Oh No GLN Prasad Ji, Not Interrogatories!

I simply mean that can the defence prepare a written list of the major  points & questions that the defence desires to put to the prosecution for the memory purpose and refer the same during the cross examination . Does the Court allow to refer to self prepared notes so that nothing is missed (Not part of the Court Record)

Biswanath Roy (Advocate)     11 August 2014

It is discretionary of the court to allow.

R Trivedi (advocate.dma@gmail.com)     05 December 2014

Yes, you can.

 

But the other party may object if your question is irrelevant or out of context, but nothing stops you from bringing a reference note pad. 


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