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498A Cross-examination proceeding of aggrieved and help.


09-Jun-2023 (In Criminal Law)
In an ongoing cross examination in 498A case at District Court, where my father’s statement is being recorded as evidence by the accused’s lawyer, can I appear and assist my father during the course of cross examination? Is there any formal compliance required before attending the court in the next hearing?
Answers (4)

Answer #1
693 votes
You can always assist your father, but only to the extent of defending any unethical 498A cross-examination questions asked by the opposite counsel. However, your lawyer is responsible for ensuring that your father is not harassed during the cross examination in the 498A case. For more legal assistance, I am just a call away.
Answer #2
962 votes
Your counsel may seek permission to assist. You can present applications in this regard. If there is a language difficulty, and you need 498A cross examination questions in Hindi or any other language, the Judicial Officers may allow an interpreter or another individual to assist your father. However, general law states that a witness should not receive direct assistance during cross examination.
Answer #3
634 votes
Cross examination in 498A case involves interrogating the opposing party’s witness, who has already testified. The main purpose is to check or discredit the witness’s testimony, knowledge, or credibility. You cannot assist your father during the cross examination—the judge will not allow it. For procedural compliance, your advocate will handle all necessary formalities before the next hearing.
Answer #4
808 votes
At the time of 498A cross examination questions, you can appear in court, but you cannot assist, suggest, or advise your father during the questioning by the accused’s lawyer. As the complainant, you can only be a mute spectator. However, you can help prepare your father in advance under the guidance of your advocate.

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