Upgrad LLM

cross examination of a hostile witness


In general parlance if a defence witness turns hostile during the examination in chief if the evidence is not given by way of evidence on affidavit....the hostile witness is subject to further cross examination by the defence counsel to test the veracity or impeach the deposition of the said witness by  virtue of sectio 138 of the Evidence Act, however if a witness turns hostile during the re-examination can be he be impeached and subjected to cross examination though the order may be broken as laid down under section 137 of the Evidence Act....??? Can such impeachment be conducted suo moto by the Presiding Sessions Judge or is it at the instance of the counsel conducting the Examination or taking evidence....???

 
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advocate

SECTION 165 OF INDIAN EVIDENCE ACT  ITSELF  EXPLAINATRY --THE JUDGE, IN ORDER TO DISCOVER OR TO OBTAIN PROPER PROOF OF RELEVANT FACTS,ASK ANY QUESTION HE PLEASES,IN ANY FORM,OF ANY TIME,ANY WITNESS,OR OF THE PARTIES ABOUT ANY FACT RELEVANT OR IRRELEVANT,AND MAY ORDER THE PRODUCTION OF ANY DOCUMENT OR THING,AND NEITHER IHAE PARTIES NOR THEIR AGENT SHALL ENTITLED TO MAKE ANY OBJECTION TO ANY SUCH QUESTION OR ORDER,NOR WITHOUT THE LEAVE OF THE COURT, TO THE CROSS-EXAMINE ANY WITNESS UPON ANY ANSWER GIVEN IN REPLY TO ANY SUCH QUESTION.---


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Thank you very much Mr. Patil....I appreciate your help...

 
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