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N.K.Assumi (Advocate)     11 May 2010

Validity of tendering winesses for cross examination only?

Is it competent for the Prosecution or the defence to tender winesses only for the purpose of cross examination? If so, under what provisions of law such proceedings can be taken in the trial of criminal case?



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 2 Replies


(Guest)

IT IS NOT COMPETANT TO TENDER A WITNESS FOR CROSS EXAMINATION WITHOUT EXAMINATION IN CHIEF. SECTION 138 EA ENVISAGES THAT A WITNESS WOULD BE FIRST EXAMINED IN CHIEF AND THEN SUBJECTED TO CROSS EXAMINATION.

Dharmesh Manjeshwar (Advocate/Lawyer)     11 May 2010

Any witness is brought before a court either by the prosecution or by the defence to prove or corroborate their evidences ... so when such a witness is brought forward he has to tender his statements in his examination-in-chief as to facts which he is aware of .... only after this he will come under cross examination ... if there were not a statement on behalf of any witness how he come under cross examination and for what ? 


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