Legal Question in Criminal Law in India
ask questions in cross to shake the credit of witness
An accused appeared u/s 315 crpc u/s 138 NI Act , when he was being crossed, he told falsely that he paid the entire amount of cheques,but he was neither given receipt for the amount nor cheques back nor he filed any FIR . On this to shake his credit he was asked whether there are another cases against you u/s 138 of another financer/banks and whether you repaid them regularly, on this, not only accused�s lawyer, but the Presiding officer himself objected and asked the complainant�s lawyer to remain himself upto the matter related to facts of the case. U/s 146 Evidence Act, I think these can be asked to shake the credit of the witness. By asking these questions, complainant wants to bring facts in court knowledge and if accused denied and afterwards he was found in any other case, he may be prosecuted u/s 191 IPC for giving false evidence and if accused accepts that there is another cases against him he will not be able to get any sympathy from the court being a habitual offender. Now I want to know what is law on this point whether these questions can be asked or not . If yes, then what should be done or what is the remedy when the opportunity to ask these questions is denied at the very moment of crossing accused?
5 Answers from Attorneys
Re: ask questions in cross to shake the credit of witness
Yes questions are allowed in cross examination.
You may make a request to the Hon'ble Judge to record the question.
Re: ask questions in cross to shake the credit of witness
Yes questions to shake the credibility of witness are allowed in cross examination. Ask the judge to record the question and the denial of opportunity by him and that will be useful if you go for revision or appeal.
Re: ask questions in cross to shake the credit of witness
cross examination never remains limited to facts of the case.You may put suggestive question to shake the credibility of witness.If the PO object then put the question and ask PO to disallow the same and by doing so in appeal or revision you may get benefit of the same.
Re: ask questions in cross to shake the credit of witness
i think accused was examined u/s 313 where cross could not have been there . If accused lead evidence cross can be there on any points raised in chief or defence of other side Accused can't be compelled to give evidence against himself is the law
Re: ask questions in cross to shake the credit of witness
Questions to shake credibility of witnesses are permitted in the cross-examination.
Remedy is to put on record the questions and denial of opportunity by Court. Obtain certified copies and approach superior court i.e. Court of Sessions or High Court.
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