crossexamination

Querist : Anonymous (Querist) 07 August 2010 This query is : Resolved
Can defendants or petitioner refuse to be cross examined in court if they wish ? under what circumstances/reasons is this possible ? What are the consequences ?

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Devajyoti Barman (Expert) 07 August 2010
Yes they can refuse to be cross examined and if that happens then his evidence itself gets expunged as if he has not been examined.

Niikhil C. Shirgaonkar (Expert) 07 August 2010
Yes it can be refused. But refusing cross examination is fatal to the case of the complainant himself and his allegation will not considered in case of no cross examination and his evidence will be discarded on the ground that no opportunity to the opposite party to disprove the allegation made against him.

s.subramanian (Expert) 07 August 2010
A witness who appears and gives evidence in a court of law has no right or locus standi to refuse his cross examination. it is not allowable. if he does so,his evidence in chief examination will be scraped as a whole.

DEFENSE ADVOCATE.-firmaction@g (Expert) 07 August 2010
Cross examination is the basic right of the opposite party.

S. Bharath (Expert) 07 August 2010
Not just his evidence will be expunged, but an adverse inference is also in place to be drawn.

s.subramanian (Expert) 07 August 2010
yes. Bharath is right.

adv. rajeev ( rajoo ) (Expert) 07 August 2010
I do agree with Bharath

Raj Kumar Makkad (Expert) 07 August 2010
There is only one such circumstances where the witness can refuse to be cross-examined and that is 'he wants his evidence to be expunged and be not read in that case'. If he refuses to be cross-examined then the risk attached is his entire evidence shall eb discarded.

Rajeev kulshreshtha (Expert) 07 August 2010
I agree with Mr. subramanian.

O. Mahalakshmi (Expert) 13 August 2010
The opposite party has to cross examine the witness to prove the case. So nobody shall not oppose the cross examination.

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