Legal Question in Criminal Law in India

evidance act

In cross exxamination the quation asked 'r u areested in any case ' the witnss says yes .But there is no relation in both case. Current case is under N I A 138 of chaque . hence asking irrelative quation is defomatiom of witness ?Can he do a case defamation u/s 499, 500 511 over the lawyer and his cliant ? In one case in supreme in 1970 the case law says 'yes case can be made. Is it correct ?

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Asked on 6/17/05, 3:28 am

1 Answer from Attorneys
roopesh sharma ROOPESH KR.SHARMA and ASSOCIATES

Re: evidance act

my dear friend alexander pope an english poet once said ..."a little learning is a dangerous thing."don't be misled by the so called 1970 judgement of supreme court.a lot of water has passed under the bridge.in cross examination a counsel can ask such a question and get away with it by saying that this question will show the past conduct and character of the witness.he can also say that he only wanted to determine if the witness is a habitual offender or has committed a similar type of offence earlier also.so in my opinion no case for defamation is made out and even if you succeed in filing a complaint any decent lawyer can convince the hon'ble court to dismiss your plea on the abovesaid grounds.roopesh kumar sharma advocate.

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Answered on 6/17/05, 8:57 pm


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