You are viewing the translated version of जिरह सम्बन्धी विशेष व्यवस्था.
Section 36
Special provisions regarding cross-examination
: (1) Regardless of what is written in the existing law, the accused cannot cross-examine or question any kind of crime case, complainant or any witness.
(2) Notwithstanding anything contained in sub-section (1), if the court orders that such witness, complainant or any witness may be cross-examined, the legal practitioner of the accused may, through audio-visual communication or if the accused does not see him or cannot identify him, shall not see him and may not see him, the complainant or any witness. He can be cross-examined without hearing what the witness has expressed.
(3) The legal practitioner who conducts cross-examination in accordance with sub-section (2) shall not reveal the name, surname, nationality, identification details and marks of such witness, complainant or witness to anyone including such accused.
(4) According to sub-section (2), the cross-examination conducted by the legal practitioner shall be deemed to have been conducted by the accused.
(5) Before conducting the cross-examination, the legal practitioner who conducts the cross-examination in accordance with sub-section (2) shall, before conducting the cross-examination, in a format prescribed by the court in writing, in such a way that no identifying details or marks including the name, surname and nationality of the person to be cross-examined or his tri-generational details are disclosed in any way to the accused or anyone else. Oath must be taken before the judge.
(6) Without taking the oath as per sub-section (5), such legal practitioner cannot question and cross-examine the complainant, the complainant or any witness.
(7) Employees involved in cross-examination in accordance with this section shall also take an oath before the judge in writing not to reveal the details under sub-section (5) to anyone else.
(2) Notwithstanding anything contained in sub-section (1), if the court orders that such witness, complainant or any witness may be cross-examined, the legal practitioner of the accused may, through audio-visual communication or if the accused does not see him or cannot identify him, shall not see him and may not see him, the complainant or any witness. He can be cross-examined without hearing what the witness has expressed.
(3) The legal practitioner who conducts cross-examination in accordance with sub-section (2) shall not reveal the name, surname, nationality, identification details and marks of such witness, complainant or witness to anyone including such accused.
(4) According to sub-section (2), the cross-examination conducted by the legal practitioner shall be deemed to have been conducted by the accused.
(5) Before conducting the cross-examination, the legal practitioner who conducts the cross-examination in accordance with sub-section (2) shall, before conducting the cross-examination, in a format prescribed by the court in writing, in such a way that no identifying details or marks including the name, surname and nationality of the person to be cross-examined or his tri-generational details are disclosed in any way to the accused or anyone else. Oath must be taken before the judge.
(6) Without taking the oath as per sub-section (5), such legal practitioner cannot question and cross-examine the complainant, the complainant or any witness.
(7) Employees involved in cross-examination in accordance with this section shall also take an oath before the judge in writing not to reveal the details under sub-section (5) to anyone else.