RIGHT TO CROSS EXAMINE
Arvind Singh Chauhan
(Querist) 09 May 2010
This query is : Resolved
Whether defence has right to cross examine the witness which is declared hostile by prosecution?
1- If not under which provision? Whether mere declaring him hostile, defence looses it's right. He may be or not fully hostile and if not cross exmined may cause harm to defence, specially in context of apex court's judgments, that evidence of hostile witness can not be washed out fully.
2- If yes under which provision?
a.manoharan
(Expert) 09 May 2010
As per Evidence Act, the procedure for trial is chief-examination, cross examination and re-examination
a.manoharan
(Expert) 09 May 2010
As per Evidence Act, the procedure for trial is chief-examination, cross examination and re-examination .Hence, the defense side is entitled to cross-examine even hostile witnesses.
Anish goyal
(Expert) 09 May 2010
Arvind brother.Agree with manoharan sir.
Section 154 only allows the party who has called the witness to ask the question which can be asked in cross examination. It does not bar the right of adverse party to cross examine such witness. that right is given by sec 137.
Adv Archana Deshmukh
(Expert) 09 May 2010
The defence definately has the right to cross examine the witness which is declared hostile by prosecution.
Arvind Singh Chauhan
(Querist) 09 May 2010
Thanks to all learned members.
let me explain the situation.
One of prosecution witness was declared hostile. Prosecution declared him hostile and crossed examined him. Court didn't allow me to cross examine that witness. I equested to allow me, court said defence have no right to crossexamine the hostile witness, if there is any provision show to the court. Actually I could draw out some favourable information if I was allowed. So please guide me, how should I satisfy the court that I have right to cross examine hostile witness also.
G. ARAVINTHAN
(Expert) 16 May 2010
Yes. If the defence side witness turns hostile during the examination of the prosecution, then the defence advocate is given a chance to cross the witness
