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Munna (SE)     24 June 2014

Cross examination of witness during evidence before charge

Hi,

 

I would like to know if the WITNESS can be CROSS EXAMINED during EVIDENCE BEFORE CHARGE (EBC). 

 

I believe that there is no such provision.  Please correct me if I am wrong.

 

Also, please let me know if there are any Citations that specify that it is not permitted. 

 

Regards,

MM



 7 Replies

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     24 June 2014

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

Advocate Bhartesh goyal (advocate)     24 June 2014

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

T. Kalaiselvan, Advocate (Advocate)     26 June 2014

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.

Munna (SE)     26 June 2014

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

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     28 June 2014

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.

2 Like

imran (none)     29 June 2014

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.

Saptarshi Paul (Advocate)     19 November 2018

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.

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