Documents by accused

Querist : Anonymous (Querist) 09 October 2011 This query is : Resolved
Hi All,

The Accused has tendered documents as Exhibits on oath in his defence in criminal matter.

Now is it possible for Prosecution to cross-examine him on that. There is no Chief being tendered by the Accused.

Can cross examination happen only on Chief or otherwise also

Thanks

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Shonee Kapoor (Expert) 09 October 2011
Cross examination is only after examination in chief as a witness.

Not for documents.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Arvind Singh Chauhan (Expert) 10 October 2011
Yes prosecution can pray to court for that purpose.

Advocate. Arunagiri (Expert) 10 October 2011
If the exhibits are marked by oath, by the accused, the prosecution can cross examine him based on that documents.

Raj Kumar Makkad (Expert) 10 October 2011
Section 315 of Cr. PC deals with such situation wherein accused presents himself for witness for his own case and definitely what ever oral or documentary can be cross-examined from him by prosecution said, if it desires to do so.

Arun Kumar Bhagat (Expert) 10 October 2011
Documents can be tendered by the accused during his examination in chief. Not only to tender but also the accused has to prove those documents as per the mandate of Indian Evidence Act in order to get it exhibited. You have every right to cross-examine him otherwise the said documents shall be treated as sacrosanct and it shall be treated as admitted by you.

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