Prasun (unemployed) 17 March 2013

Argument & cross examination by accused himself with lawyer

My friend's criminal case trial is proceesinf in Magistrate's Court. Charges are for impersonation, forgery, extortion through cyber crime. There are many nitty gritty and small facts which are known by accused and he may instantly remember during the proceeding of the trial. Judge asked to move through advocate already engaged. But advocate may not remember small matters which the accused can remember if complainant say some lies before court. Accused advocate can not fight as he is unaware of such incidents whether true or false. Can the accused argue and cross examine complainant and witnesses alongwith his own advocate to bring facts before the trial court ?

If so what are the provisions in the Act and how it is to be moved in the court ?

Accused is innocent but want to prove his innocense. The special pp is lying always and creating stories to strengthen his case. He never submitted any application but the complainant is not attending court on the plea that he is working abroad which is totally false. Court do not want to listen to the oral submission of accused drawing notice to the false statement of the special pp regardin complainant's working at abroad and asked accused to represent only thrugh his advocate.

Please properly guide to save an innocent person

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 17 March 2013

You cannot argue yourself in that case unless you are well versed sections in cr.p.c. You can engage a lawyer who is well versed in cr.p.c. The accused has to be free and frank to tell all the facts to the engaged lawyer. Even if you know the facts, you may not know how to submit those facts in the court of law. Procedure must known to submit the facts for speedy justice.

Prasun (unemployed) 21 April 2013

I need to know that an advocate may not instantly act upon if the complainant furnishes some built up story which only the accused may confront. But does Indian law permits accused to argue or cross examine complainant and wtitesses to bring out the facts before a judge? In my friend's case he is innocent and so definitely complainant can construct false matters to put him into problem. Then for ignorance or for not representing appropriately the accused may be jailed as facts will not come out. It is impossible for an accused to inform every details to his advocate as he is able to tell when the complainant is telling something untrue or twisting the facts to his interest.

S. Kasimayan (officer) 24 September 2013

dear fried If you are confident that you shall be able to place the truth before the court you can defend your case by your self, there is no bar in the law. But keep in mind that the system as it is today is very unfair and far away from the rule of law. Do not worry, go ahead defend the case. I wish you succeed in your case.

Prasun (unemployed) 24 September 2013

Thank you for your advise. I seek a legal advice from any reputed lawyer and need guidance what kind of application my friend need to submit to the Judge for permission to cross examine witness alongwith lawyer. It is okay that when my friend will argue and cross examine his lawyer may not interfere and vice versa. Please let me know the provisions provided in the law with some case instances to strengthen the application for permission by Magistrate.

S. Kasimayan (officer) 25 September 2013

No sir you can not have advocate as well as self either your counsel shall defend the case or self and you both can not do together. As a accused you shall be given chance u/s 313 of Cr.P.C. but to catch the witness as and when they tell lie only during the cross examination as per provisions of Indian Evidence Act can be done. However what I have stated is only practice and as per law it is the discretion of the court to permit the accused also to add any points during the trial but Indian court has not done so in any case.