Cross examination of witness.
DEFENSE ADVOCATE.-firmaction@g
(Querist) 01 July 2010
This query is : Resolved
In criminal as well as civil cases a witness is ready for cross examinations.
Example a firm filed a complaint under NI.138 and some person on behalf of the firm has come for cross examination.
The first question is asked by the defense advocate : can you prove your personal idendity OR do you have any proof or documents to show your identity NOW.
In most of such questions the witness says no. What advantage can be availed by defense in such situations.
B K Raghavendra Rao
(Expert) 02 July 2010
Evidence lead by an unauthorised official is null and void. When he is not authorised to lead evidence, how can he represent the firm?
After the cross-examinations are over, the defense in his argument, may raise this point to his advantage. However, if the firm senses that lapse is on its side, it may issue an authorisation letter in favour of a witness and validate its evidence.
DEFENSE ADVOCATE.-firmaction@g
(Querist) 04 July 2010
The real question is that at the time of cross and not afterwards if the person is not able to show his identity and aurhority what will be the effect.
Please also tell me under which law or provision later on the authority and identification can be given.
Raj Kumar Makkad
(Expert) 04 July 2010
Practically there is no impact if the witness fails to produce any documentary evidence to prove his identity and no benefit can be derived by opposite party in such case because it is the complainant who is master of his case and can produce any person representing itself so question ends.
DEFENSE ADVOCATE.-firmaction@g
(Querist) 05 July 2010
Agree that complainant can produce any body but if the deponent is not able to show the idendity., than what.
Take example in citites like Ulhausnagar, malegaon and Bhivandi where there is concantration of one particular community only there without exeption but as a rule some body appears for some body else.
