Rights of accused during trial

[Govind singh]

Dear Sir,

During trail of 498a case, if accused(s) observes wrongs practices by opposite party lawyer e.g., tutoring of statement of witness by the opp party lawyer during prosecution evidence,

1. Has accused got any right to object to such wrongs?
2. What is the procedure for accused to object to such wrong?
3. Has accused got right to immediately or at least on same day, get copy of the statement of the Prosecution witness? If yes, under which rule/section of CrPC ?

Thank you very much.

Govind

[Dr. Ashok Dhamija]

Yes, the accused has the right to object immediately. His lawyer can immediately inform the court verbally, and if possible, in writing also. If there is a likelihood of an irreparable harm being caused, a written objection may be filed.

There is a practice of giving copy of the statement of the prosecution witness immediately after it is recorded and it is done on the same day. This facilitates cross-examination by the lawyer of the accused. All such statements of prosecution witnesses form part of record of the case (see Sections 274, 275 and 276 of Cr.P.C.). The accused has a right to get copies of all records of the case.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Govind singh]

Thank you very much for the informative reply. I will be grateful if you can please answer my following queries:

1. Has the private lawyer of complainant during proceedings of 498a case got right to be present during witness statement and during witness cross-examination, though the case is being fought by the state on behalf of complainant?
2. In none of court orders complainant’s private lawyer is shown being present, only APP/PP is shown being present on court records/orders. Is this ok or objectionable as per any rule?
3. Can accused cross-examine the witness(es)? If yes, which rule which allows it?

4. Can accused(s) be compelled to answer quereis by magistrate under CrPC 313 ?

Thank you very much.
Govind

[Dr. Ashok Dhamija]

Answers:

(1) Yes. He can remain present.

(2) This is a question of fact. What happened in an individual case can be explained in absolute terms.

(3) Accused can cross-examine the witnesses of the prosecution. If the accused has engaged a lawyer, then his lawyer does the cross-examination. This is written in the Evidence Act itself.

(4) Accused cannot be compelled to answer the questions under Section 313 Cr.P.C. In fact, sub-section (3) of Section 313 itself makes it clear. So, he is free to answer or not to answer. But, the silence of accused may sometimes be considered as an adverse circumstance in respect of that question.
     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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