Restriction to cross-examination

[D P Gupta]

Madam/Sir,

I would like to have your kind opinion on this peculiar situation.

That the cross-examination of the complainant/witness in a Domestic Violence matter pending adjudication before a Trial Court in Delhi finally started before after a long span of 5 years.

That after a brief spell of cross-examination the matter was adjourned by the Ld. M.M. with an oral direction to the defense counsel to complete the cross-examination on the next date and no further adjournment/time would be given by the Trial Court for further cross-examination.

Kindly render your valuable advise on the following aspects:

1.) Can the Court of the Ld. M.M restrict/curtail the right of the defense counsel and fix a time frame to cross-examine a witness, CW1?
2.) Can the Court of the Ld. M.M. close the cross-examination of the defense counsel even though he has not completed the cross-examination of the witness in its entirety?
3.) I will be grateful if your good self can also share the cause title of supporting judgements/citations of the Hon’ble Apex Court/High Courts in this regard.

Thanking You,

Regards.

[Dr. Ashok Dhamija]

Section 28 of the Protection of Women from Domestic Violence Act, 2005, states as under:

“28. Procedure.—(1) Save as otherwise provided in this Act, all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under Section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under Section 12 or under sub-section (2) of Section 23.”

Moreover, there appears to be no provision in this Act which excludes the operation of the Evidence Act.

Therefore, generally speaking, the cross-examination should be permitted for all questions which relate to “relevant facts” and which are permissible under the Evidence Act. The right to ask such questions should not be curtailed. But, the court may refuse to allow irrelevant questions. However, the accused / respondent should not seek unnecessary adjournments for conducting the cross-examination.

Usually, one day should be sufficient to cross-examine the complainant in a case of domestic violence. So, you should try your best to conclude the cross-examination as per the time granted. And, at the end of the day, if the court feels that you have not wasted time unnecessarily and that you are asking only relevant questions, and if some of your questions are still left, the court may generally allow you further time to cross-examine.
     

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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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