Cross- Examination of Witnesses in cases under FEMA Explained by High Court

Cross- Examination of Witnesses in cases under FEMA Explained by High Court

In Shahid Balwa v. ED [2013] GCtR 5814 (Delhi) dealing with case under Foreign Exchange Management Act, 1999, it is held that "cross-examination of witnesses has been held to be an integral part and parcel of the principles of natural justice. Refusal to grant permission to cross-examine witnesses would normally be an exception."

The legal position that would follow is that normally if the credibility of a person who has testified or given some information is in doubt or if the version or the statement of the person who has testified is in dispute normally right to cross-examination would be inevitable. If some real prejudice is caused to the complainant, the right to cross-examine witnesses may be denied. 

No doubt, it is not possible to lay down any rigid rules as to when in compliance of principles of natural justice opportunity to crossexamine should be given. Everything depends on the subject matter. In the application of the concept of fair play there has to be flexibility. The application of the principles of natural justice depends on the facts and circumstances of each case.

Cross examination of Witness : Some Legal Issues

 Cross examination of Witness : Some Legal Issues 

There are different kinds of witnesses.

An important view on cross examination was stated by Lord Herschell, L.C. in Browne v. Dunn [(1893) 6 R 67] : - 

"I cannot help saying, that it seems to me to be absolutely essential to the proper conduct of a cause, where it is intended to suggest that a witness is not speaking the truth on a particular point, to direct his attention to the fact by some questions put in cross examination  showing that that imputation is intended to be made, and not to take his evidence and pass it by as a matter altogether unchallenged, and then, when it is impossible for him to explain, as perhaps he might have been able to do if such questions had been put to him, the circumstances which, it is suggested, indicate that the story he tells ought not to be believed, to argue that he is a witness unworthy of credit. My Lords, I have always understood that if you intend to impeach a witness, you are bound, whilst he is in the box, to give an opportunity of making any explanation which is open to him; and, as it seems to me, that is not only a rule of professional practice in the conduct of a case, but it is essential to fair play and fair dealing with witnesses."

Written by 

Vishal

Delhi

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