CrPC Section 118
Section 118 CrPC: When witnesses may be examined
Text of Section 118:
"The witnesses shall be examined in the presence of the accused, except where the Court for special reasons otherwise directs."
Explanation:
Purpose of Section 118
This section establishes the general rule regarding the examination of witnesses during a criminal trial. It ensures fairness and transparency by mandating that witnesses are examined in the presence of the accused.
Why examine witnesses in the presence of the accused?
So the accused can hear the evidence against them directly.
It gives the accused an opportunity to cross-examine the witnesses.
It protects the accused's right to a fair trial by ensuring that evidence is presented openly.
What if the court finds “special reasons”?
The court has the discretion to exclude the accused from the presence during examination if there are special reasons.
Special reasons may include situations where the accused's presence might intimidate the witness or obstruct justice.
For example, in cases involving sexual offences, the court may order the witness to be examined outside the accused’s presence to protect the witness’s dignity and comfort.
Role of the court
The court evaluates whether the accused’s presence during the examination of a particular witness is appropriate or if there are valid grounds to hold the examination in the accused’s absence.
Key Points:
Default rule: Witnesses are examined in the presence of the accused.
Exception: Court may order otherwise for special reasons.
Ensures the accused’s right to cross-examine.
Promotes fair trial and transparency in the proceedings.
Illustration / Example:
During a theft trial, the prosecution calls a witness who saw the accused at the crime scene. Under Section 118, this witness will be questioned in front of the accused so the accused or their lawyer can cross-examine the witness. However, if the case involves a minor or a sexual offence victim who might be intimidated by the accused’s presence, the court may decide to examine that witness without the accused present.
Why is Section 118 important?
It protects the right of the accused to confront the witnesses.
It safeguards the integrity of the trial process.
It allows the court to maintain a balance between the accused’s rights and witness protection.
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