Firstly, if the accused is suffering from such stammering problem, he or his lawyer should inform the court in advance about it before he is examined by court. Once this is informed to the court in advance, I do not think it would be possible for the lawyer of the opposite party to take undue advantage of such problem being faced by the accused.
Secondly, usually, the accused is not cross-examined in the case in which he himself is an accused. He is not asked or forced to enter the witness box. Of course, if the accused himself volunteers to be a witness in his own case, then the law permits him and considers him as a competent witness. If he does so, then only he would be cross-examined. In other situations, he would not be cross-examined by the opposite side lawyer.
At the same time, the court will generally examine the accused under Section 313 of the Criminal Procedure Code after the prosecution evidence has been completed. This is done on the basis of the general evidence that has come on record against the accused. But, here also, there is no scope for cross-examination.
If the accused or his lawyer have already informed the judge about the stammering problem, as mentioned above, the judge is expected to understand the problem and not draw any adverse inference against the accused if he starts stammering during his examination. In any case, an accused also has a right of silence; though in certain situations, his silence may be considered as an adverse circumstances; but, nonetheless, he has a right of silence and there is no penalty under law for such silence if he chooses to 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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