Tuesday, 27 March 2018

Following cross-examination are improper

Following cross-examination are improper—
If the imputation conveyed by them relates to matters so remote in time or of such a character that they would not affect the credibility of the witness;
If there is a great disproportion between the importance of the imputation made against the witness’s character and the importance of his evidence. (Section 148, IEA, 1872)

Before such questions are asked, the person putting them must have reasonable grounds for thinking that the imputations was well-founded (section 149, IEA, 1872). If any lawyers asks such questions without reasonable grounds, the court may report the case to the High Court or other authority to which he is subject (Section 148 IEA, 1872)
[1] Ram Kumar v. King Emperor, (1936) 12 Luck 552
[2] TAYLOR, 12th Edition. P. 910
[3] Meer Sujad Ali Khan Nawab Zoolfukar Dowla Bahadoor v. Lalla Kasheenath Doss,(1866) 6 WR (civil) 181, 182
[4] Madan Lal & Ors v. State  of Rajasthan & Ors, 2012 Cr.LJ 1439 (Raj)

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