Power of court to direct any witness to remain outside court when evidence of other witness is going on
Section 352, Cr. P. C. gives power to the Court of ordering that any particular person shall not remain in the room used by the Court. It makes no exception in the case of a police officer. When the accused person objects to the presence of a police officer or other person the Magistrate has to decide whether the accused's fear of prejudice to his case is reasonable, considering the intelligence and susceptibilities of the class to which he belongs and not merely whether the presence is convenient or helpful to the Court or the prosecution".
I respectfully agree with the view expressed in these cases and hold that to ensure a fair trial even in the absence of any specific provision in any enactment the Court has inherent power to order that no witness who has to give evidence should be present when the deposition of the other witnesses arc being taken until he himself is examined as a witness.
I respectfully agree with the view expressed in these cases and hold that to ensure a fair trial even in the absence of any specific provision in any enactment the Court has inherent power to order that no witness who has to give evidence should be present when the deposition of the other witnesses arc being taken until he himself is examined as a witness.
Kerala High Court
Dr. Kasi Iyer vs State Of Kerala on 18 March, 1966
Equivalent citations: AIR 1966 Ker 316, 1966 CriLJ 1445
