Firstly, please understand that it is not binding or mandatory for the accused person to appear personally as a defence witness in the case against him. He has an option not be appear as a defence witness. In fact, in most of the cases, the accused persons do not enter the witness box and do not themselves appear as witnesses. However, once an accused person decides to formally become a defence witness and enter the witness box, then the opposite party (i.e., the prosecution or complainant side) gets a right to cross-examine such accused person. So, the choice is that of the accused person himself.
Note that examination of a witness includes examination-in-chief, cross-examination and re-examination, if any. Examination of a witness is not complete without opportunity of cross-examination.
Also note that Evidence Act lays down that “Leading questions may be asked in cross-examination”. Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question. Generally, leading questions result in answers such as “yes” or “no”.
So, if you as an accused person enter the witness box, you cannot completely avoid leading questions being asked during your cross-examination. At the same time, if you feel that a particular question cannot be answered by yes or no, and that the answer lies somewhere midway, then you can clarify the answer, and usually the court would take it on record that the witness volunteers to further say so-and-so, etc. So, even if the opposite side lawyer asks a leading question and repeatedly insists that you reply either in yes or in no, you can politely inform the court that the answer can be neither yes nor no but somewhere midway and try to explain. Usually, the court would take down the reply in the proper way.
Judge may not take action if you refuse to answer a question (even otherwise, you have a right of “silence” as an accused) but an adverse inference may perhaps be drawn in appropriate circumstances if you refuse to answer and remain silent.
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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