Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Raman (student)     25 December 2012

Cross examination ( if want to remain silent on certain)?

In 498-A/406 case, if the complainant or his relative who is appered as PW don't want to disclose his/her occupation ( which is not relevant from either side) In waht manner he wants to keep it secret if Prosecution/Defence advocate asked as for general interest?
Is it bound on witness that he shoudl dislcose his/her all her perosnal details as disclosing may exposed his/her fututre prospects??


 3 Replies

rahul (director)     25 December 2012

you can object to this question to judge , and submit that this is nt relevant to the case, its judge's discretion. whether he allow to ask this question or say NO,,,, to oppponent , that you cant ask this question

Sudhir Kumar, Advocate (Advocate)     26 December 2012

profession of the witness discloses whether at all he is respectable or not.

M V Gupta (Advocate)     26 December 2012

Your assumption that questions relating to the occupation and employment of the complainant is not relevant may not be correct as it has bearing on the determination of maintenance to be awarded to the complainant. Hence highly doubtful if the complainat can successfully resit answerinfgg such questions.

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