Cross examination of witness during evidence before charge

yes , you r rite , magistrate may fram chage after examination of chief, without giving any opertunaty to give u cross,

Accused has no right to cross examine witnesses in pre charge evidence.

I agree with the views of learned Advocate Mr. Bhartesh Goyal.  recording of pre-charge evidence is to establish prima facie,  the accused has not at all entered into the case at this stage, hence accused do not have a right to cross examine the said witness.

Thanks, Kalai !!!

 

I have met you in one of the SIFF meetings at Bangalore. 

 

Do you have any Citation or supporting document in this regard?

 

MM

With great respect, I totally differs from the  opinions of above learned experts. In my view, accused can avail the opportunity to cross examine the prosecution witness even before framing of charges in appropriate cases.

No doubt, it was only through cross-examination that the accused could show to the Court that there was no need for a trial against him and that the denial of the right of cross-examination  would amount to denial of an opportunity to the accused to show to the Magistrate that the allegations made against him were groundless and that there was no reason for framing a charge against him.

In a Judgment reported in (2010) 11 SCC 520, the Apex Court held that the right of an accused to cross-examine witnesses produced by the prosecution before framing of a charge against him was a valuable right.

Dear Ma'am,

Can you  share the complete details about the judgments which you mentioned above.

Date of judgment

Party's Name

I am not able to search the same with the given details. 

 

Thanks in advance.

Supreme Court of India Sunil Mehta & Anr vs State Of Gujarat & Anr on 20 February, 2013 It was only through cross-examination that the accused could show to the Court that there was no need for a trial against him and that the denial of the right of cross-examination under Section 244 would amount to denial of an opportunity to the accused to show to the Magistrate that the allegations made against him were groundless and that there was no reason for framing a charge against him.