Legal Question in Criminal Law in India

Witness in a criminal case.

My mother, 60 years old, is a witness in a criminal case filed by me against my wife. She does not want come to court at the time of evidence or the cross examination stage. Is there any way for her to give the evidence without being present in the court physically? Can she be represented by her counsel or by me or any other person. If so, how to do that? Basically she gets panicked of going to court and facing the people there, especially the opposite lawyer.


Asked on 6/05/09, 5:45 am

5 Answers from Attorneys
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: Witness in a criminal case.

in criminal cases, normally the witness has to give evidence in the court in the presence of the accuse and counsels.

you may file the application for recording the evidence at some other place, however it is the discretion of the court to accept or reject it

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Answered on 6/05/09, 12:13 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Witness in a criminal case.

You may request the court for appointment of a "Commissinoer" to record her statement outside the court at a conveniet place/home.

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Answered on 6/05/09, 4:09 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Witness in a criminal case.

court commissioner can be appointe by the court Pl apply to the court.

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Answered on 6/09/09, 7:26 am
Pranav Desai PD Legal & Associates

Re: Witness in a criminal case.

Make an application for Appointing court commissioner for evidence.

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Answered on 6/06/09, 6:27 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Witness in a criminal case.

You may consider seeking appointment of a Court Commissioner for recording her evidence.

You may consider seeking recoding of her evidence by Court in camera i.e. only in the presence of accused, lawyers of accused and prosecutor and of course judge.

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Answered on 6/05/09, 6:13 am


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