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syed khaled ahmed razvi   14 May 2022

under section 154 Indian Evidence Act

is it compulsory for the prosecution to ask witness a leading question before declaring a witness hostile if witness is to the half extent favours the prosecution but materially omits the part which is necessary to prove the case of prosecution,as some courts is of the opinion that such question can't be asked in examination in chief.If such opinion of court is correct then what is the meaning of term "Duly proved" provided under section 162 crpc?unless such leading question asked in examination in chief can it be said that it is duly proved that witness is hostile one?


Learning

 2 Replies

Dr J C Vashista (Advocate)     15 May 2022

Prosecution cannot be allowed to give leading question to a hostile witness.

However, prosecution may be alllowed to cross-examine such witness (discretion of court).in terms of section 154 of IEA, which states:

Section 154(1) in The Indian Evidence Act, 1872

(1) ] The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party.—

1[(1)] The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party."

2[(2) Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any part of the evidence of such witness.]

 

Where does the term term "Duly proved" appear in section 162 CrPC which reads as:
 

Section 162 in The Code Of Criminal Procedure, 1973

162. Statements to police not to be signed: Use of statements in evidence.

(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafterprovided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872 ); and when any part of such statement is so used, any part thereof may also be used in the re- examination of such witness, but for the purpose only of explaining any matter referred to in his cross- examination.

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872 ), or to affect the provisions of section 27 of that Act.

Explanation.- An omission to state a fact or circumstance in the statement referred to in sub- section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.

Could you please redraft the facts vis-a-vis query (specific).?

Thanks and Regards

Pradipta Nath (Advocate)     15 May 2022

Give objection on leading questions if asked by the prosecution.


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