Legal Question in Criminal Law in India

Dear Sirs,

what is the alternative for a respondent, if he is incapable to giving evidence in a court of law. Can any one do it on his behalf? if so who?

Pls respond, Thanks

Reply from Shri.Guptaji was...

what is the reason of absence. do mention all the facts for an opinion. ordinarily, the parties to the suit themselves need to lead evidence.

Shri Guptaji,

The person in question is a blind man, deserted by his wife for 13 years (he has no parents) taken care by younger sister. His wife has filed a case on him under 498a by making false allegations and case is in progress.

This guy is under deep depression and suffers from deafness of his right ear. He is being treated for psychiatry, diabetics, bp and heart problem. he is just living because of medicines. The medicines/drugs does not keep him normal and thus he may not be able to stand in witness box

get himself cross examined.

With this background that question is being asked.

Kindly respond sir,

Regards,


Asked on 11/28/10, 11:33 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

If that person is an accused, then it is not obligatory on him to lead evidence and he has sole option of not leading or not leading his own evidence.

If you are referring to court questions contemplated under section 313 Cr.P.C., then same can be replied by his counsel.

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Answered on 6/05/11, 12:53 am


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