Debangana Ray
Published on August 3, 2022 at 20:22 IST
The Delhi High Court observed that questions which humiliate a witness and are scandalous cannot be included during cross-examination.
Justice Asha Menon stated that while it is a right to ask questions to a witness to check his/her credibility, he/she cannot be harassed and humiliated while doing so.
The court stated however, that the cross examination need not be confined to the facts to which the witness testified.
It re-examination must be directed to the explanation of matters in cross examination and also further cross examine if there is an introduction of a new matter.
The court observed, “Only such questions must be allowed which are relevant to the matter at hand and to the rival stands, elucidating or disproving the rival cases.“
Where the court comes to a conclusion that a question, particularly, in cross-examination is irrelevant or prompted by such motives such as harassment or annoyance to the witness or,
to delay the conclusion of the cross-examination of the witnesses by embarking on a rambling course, the Trial Judge is well empowered to put an end to such questioning,”.
“The questions put to the complainant in his cross- examination would have been considered for their relevance and are not in question before this Court,”, it stated.
Upholding the impugned order, the Court dismissed the petition. “It is made clear that nothing contained in this order shall be an expression on the merits of the case to be decided after due trial,” the Court said.