IMPROPER QUESTIONS PUT ON THE WITNESS DURING CROSS

EXAMINATION
The witness is the most important element during a trial the statement of the witness is very important
because a statement can change the case in seconds. During the trial the opposite party asks questions to
the witness but those questions should be relevant and the witness can answer only those questions which
he wants to answer. In article 20(3) of Indian constitution it talks about self incrimination which clearly
states that no witness should be compelled to give information. In case any party do this then that party is
violating this article. If a party is asking improper questions to the witness then the court has the power to
immediately stop that question because it may lead to misleading of the witness. There is a very famous
case Nandini Sathpathy V Dani in which Nandini sathapathy was arrested in some false allegation that
she has taken bribe so she was taken to the police station and there the police officers were forcing her to
give the statement but she refused to give the anwers to those questions. After that Nandini sathpathy filed
the case against the police officers for forcing her to give the statement as her legal right was being
violated. The opposite party can only ask those questions in which the courts permits if the court doesn’t
all that question then the party cannot raise that question again. When an improper question is raised on
the witness then the witness also comes into pressure. Section 41 of Indian evidence act 1955 clearly
states that a duty is imposed on the court to disallow a question if the court forms the opinion that the
question is disallowable question. Here Judges play an important role in protecting complaints from
unnecessary, inappropriate and irrelevant questioning by or on behalf of accused. That role is perfectly
consistent with requirements of a fair trial, which requirements do not involve treating the criminal
justice system as if it were forensic game in which every accused is entitled to some kind of sporting
chance.

Cross examination concerning complainant’s prior sexual history and cross

examination of defendant as to credibility

In many cases we have observed that when it comes to cross examination of a sexual victim the court
don’t allow that victim so easily because many times the people or the opposite party try to humiliate that
victim so in that case the court don’t give the permission if that victim don’t play a very important role. In
section 41 of the youth justice criminal evidence act 1999 prevents the defense in a sexual case from
cross-examining about the sexual history of a complainant except with leave of the court, which can only
be given in certain limited circumstances. Harriet Harman proposed the legislation in which he stated that
there should be no cross examination about sexual history because some people hear these kind of news
just for enjoyment. When this kind of witness gives there statement in front of the court they are suffering
from great pressure and disturbance which a normal man cannot understand. So in such cases the court
avoids them so that they cannot be humiliated in front of everyone. Sometimes opposite party ask the
history of sexual harassment again and again in which the victim don’t feel good about it. And if the
opposite party wants to witness the rape victim then that party has to send a notice before the court and if
the court permits for the witness then only the statement will be recorded. Many times the victim turns
hostile due to the questions. Sometimes the cross examination take place on phone calls so that the
witness doesn’t need to come in front of people who will try to humiliate them. When the court allows
this victim they make sure that these people get a safe environment and they can speak without any fear
because if they will be in any kind of fear then they will not say anything and in most of the cases we
have observed that the rape or the sexual assault victim couldn’t say anything in front of the court because
they are so much scared from inside.