Right to Silence in PW 1 cross

This query is : Resolved 
 


Querist : Anonymous (Querist)
01 October 2010

Judge has ordered for Joint Trial in Divorce, Custody and Maintainence. I have been asked to file Proof of Affidavit, Mark and than to be crossed by the opposite
side.

But in the recent Narcotics Judgment of the Honorable Supreme court has held that " Right to silence is enshrined" Does that mean that I can refuse to answer all the questions posed to me in the PW 1 Cross.
Apex court ruling in Cr appeal 1267 of 2004
Date of Judgment 5 may 2010.



s.subramanian (Expert)
01 October 2010

No. If you refuse to answer during cross examination,the courts will record your refusal and draw an adverse inference against you. The judgment cited by you is not on this point at all. Do not get confused. It relates to the rights of the accused guranteeed by Arts.20 to 22 of the Constitution of India. It is based on the Rule against Self-incrimination.

Arvind Singh Chauhan (Expert)
01 October 2010

I am of the same view as of Subramanian Sir.

Rajeev kulshreshtha (Expert)
01 October 2010

I also agree.

Khaleel Ahmed (Expert)
07 October 2010

I agree with Mr. subramanian.



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