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ashok kumar (Social Worker)     29 September 2014

Examination in chief/ reexamination in the absence of lawyer

Examination In Chief/ Reexamination in the absence of Lawyer

In a criminal case, if the accused is not represented by a Lawyer, who will conduct the Examination In Chief and Reexamination? Or how will these stages be handled/proceeded with?



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 11 Replies

N.K.Assumi (Advocate)     29 September 2014

Sir, as per the Rule of evidence, Chief examination is followed by Cross Examination and it goes back to Re-examination by the Chief Examiner: Do you mean to say that no lawyer was made available to the accused?

ashok kumar (Social Worker)     29 September 2014

I am aware of these steps Chief examination is followed by Cross Examination and it goes back to Re-examination by the Chief Examiner! My query is that if the accused is not represented by a Lawyer, who will conduct the Examination In Chief and Reexamination?

N.K.Assumi (Advocate)     29 September 2014

Sir, in that case, it is the duty of the court to inform the accused of his right to be represented by a lawyer at the cost of the State.

ashok kumar (Social Worker)     29 September 2014

The State provides the Lawyer only to those who ant afford it. In the instant case the accused can afford a lawyer but is not interested in hiring one! U dont seem to be answering what I have asked. Forget about Y the Lawyer is not there! U just answer who will conduct the Examination In Chief and Reexamination in the absence of a lawyer?

prakash chandra jain (proprietor.)     29 September 2014

mr. if you are an accused in the case, you have constitutional right to defend yourself. you can conduct your own case. prosecution will hold examination- in chief. you will cross wit nesses stating against you. normally re-exam should be permitted unless veryessential clarification is needed to do effective justice. nowa days,legal authoraties engage lawyers free of cost. or there is provisions of amicus curie also. in serios case, court should appoint an advocate to protect accused. prakash chandra jain advocate indore-9479848437.

prakash chandra jain (proprietor.)     29 September 2014

 not should be read left over.in between should---- be. excuse for this mistake ingood faith.

Ashok, Advocate (Lawyer at Delhi)     29 September 2014

The simple answer to your question is that if the accused has not appointed any lawyer to represent him in a criminal case, the accused himself will have to conduct whatever examination / cross-examination / re-examination is needed. For example, if the prosecution witnesses are to be cross-examined, the accused shall himself cross-examine them. If the accused produces some defence witnesses in the court, then the accused himself will have to conduct their examination-in-chief and also the re-examination, if any.

 

 

ashok kumar (Social Worker)     29 September 2014

Of course the Cross Examination of the prosecution Witness can be conducted by the accused, agreed, but  who will conduct the Examination In Chief and Reexamination of the accused?

N.K.Assumi (Advocate)     30 September 2014

Your query is like a caucus –race of Alice in wonderland .Better refer Chapter X of the evidence act.

Ashok, Advocate (Lawyer at Delhi)     30 September 2014

If the accused does not have any lawyer representing him and he wants to examine himself as a witness, then his own examination-in-chief and the re-examination, if any, will have to be conducted by the accused himself. What this amounts to say is that he will simply make his statement to the court, and there would be no need to first ask him a question and then to answer the question.

ashok kumar (Social Worker)     30 September 2014

Thank You Ashokji

Your answer sufficiently answers and resolves the query


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