Witness examine
Manoj Deka
(Querist) 24 December 2011
This query is : Resolved
Sir,
Can one refuse to answer those question asked by advocate which has no relation with the case generally some advocate ask to witness to irritate witness. OR it is mandatory to answer each and every question asked by opposite lawyers,
Please guide
Dayananda Gowda
(Expert) 24 December 2011
Yes, who enter the witness box is binding to answer the questions of opposite lawyer. The Advocate may also liberty to ask about personal life of witness to elicit the truth. The Witness has no right to refuse to answer.
Nadeem Qureshi
(Expert) 24 December 2011
only relevant question, witness is not bound to answer any questions asked by other advocate. but if court allow then all question.
the witness is bound to answer.
feel free to call
Arvind Singh Chauhan
(Expert) 24 December 2011
Witness is not bound to answer every question. If the question is irrelevant or defamatory he may object and request to court not to allow such questioning.
But if the question is relevant and he does not answer, the court may note down the gesture or demeanor of witness.
V R SHROFF
(Expert) 24 December 2011
THE ANSWER OF ANY QUESTION INCRIMINATE YOU, YOU CAN DENY TO ANSWER
Other irrelevant Question, your Advocate must Object, if overruled, you are bound to answer.
A Answer “I forgot. Or cannot recollect right now, or I don’t know, or I d not remember “ is also an answer.”
Not to say anything is refusa. When court direct you to answer, you have to speak something.
If you answer that goes against opposite Part, Court is bound to record your answer, even if it is voluntarily said in reply of his Question. It is a tick.
An intelligent Witness can easily turn the table! Legal Lacuna. And a fool Witness spoil the whole work of Advocate for a year within few seconds. No to Yes, and Yes to NO.
You must not ger irritated, or nrvous. Ypou must understand the Question well, and the purpose behind that Question, and reply that do not harm you. It is very very important factor.
Guest
(Expert) 26 December 2011
Although a witness does not enjoy any right to decide the relevance of questions, but he is at liberty not to answer any question.
prabhakar singh
(Expert) 26 December 2011
When one as a witness or his party's advocate finds or feels a question irrelevant,he has right to put an objection
before the court,then court decides that could be asked or not.Now a days courts are found too busy and these things do not go in manner they should go.Bench readers are recording the evidence and courts are busy hearing arguments in some other case,then these kind of matters are handled by question recorded then answer also recorded.Such being the case if plain no are denial is recorded and the advocate cross examining establishes some relevance during course of his argument then a flat "no"or "refusal"may be fatal.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 December 2011
Such tactics are regular feature for defense advocates to confuse the witness and only those who handle matters in court realise its importance.
The best way even if you advocate do not object do as suggested by Mr Shroff above that I DO NOT RECOLLECT NOW.
I will add a rider which as an expert witness you should always remember , add to suggested reply =I HAVE TO SEE THE RECORDS
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 December 2011
And I am posing a related querry which I face in all trials.
First question I shoot particularly to the examination in chief- does have any identification that he is same person.
Court and opposite advocate take instant objection and most of the time the witness does not have any identity papers with him .My stand always is that if the opposite advocate wants to identify he should come in witness box .
After some initial hype the matter is allowed to be passed over but in the process the witness looses confidence and can not face further cross correctly.
I WILL WELCOME CONTRADICTORY OPINIONS.
Advocate. Arunagiri
(Expert) 26 December 2011
When the irrelevant questions are asked you can refuse to answer and may complain to the judge.
Shonee Kapoor
(Expert) 26 December 2011
You have to object to question you don't want to answer, then presiding officer would decide whether the same is relevant or not.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
