One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X approached me during the critical cross-examination phase of his criminal case in City A Sessions Court. His ex-partner Mr. Y had filed a complaint against him, and the case had reached the witness testimony stage. Mr. X faced a significant challenge – while he was fluent in English, the complainant and other witnesses were expected to testify in the local language, creating a communication barrier. The case was scheduled for DD/MM/YYYY, and Mr. X urgently needed competent legal representation who could effectively cross-examine witnesses in both languages. This situation highlighted the importance of having skilled criminal defense counsel during the crucial cross-examination phase, where the fate of the accused often hangs in the balance. The complexity increased due to the personal relationship history between the parties involved.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Engage a bilingual advocate who understands both the local language and English to ensure effective communication during cross-examination
• Request court-appointed translators if language barriers persist during proceedings
• Prepare thoroughly with your counsel before each hearing to understand potential witness statements and prepare counter-questions

Applicable Sections of Law

The cross-examination phase in criminal cases is governed by several provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS). Section 183 of BNSS deals with the examination of witnesses and cross-examination procedures. Section 195 addresses the language of courts and translation requirements when witnesses testify in different languages. Section 204 covers the recording of evidence and ensures accurate documentation of witness statements. Section 312 of BNSS provides the accused with the right to cross-examine prosecution witnesses, which is fundamental to ensuring a fair trial and testing the credibility of evidence presented against them.

If You Are the Complainant

• Prepare your testimony thoroughly with the prosecution team, understanding both the facts and potential cross-examination questions
• Inform the court beforehand if you require translation services or have language preferences for testimony
• Remain calm and composed during cross-examination, answering only what is asked without volunteering additional information
• Bring all relevant documents and evidence to support your testimony during the court proceedings
• Coordinate with the Public Prosecutor to ensure your testimony aligns with the charge sheet and investigation findings

If You Are the Victim

• Understand your rights as a victim to testify in your preferred language or request translation services
• Work closely with the prosecution to ensure your statement is accurately recorded and presented
• Be prepared for potentially aggressive cross-examination tactics designed to discredit your testimony
• Maintain consistency in your statements and refer to previous records if memory fails during testimony
• Seek victim support services if available to help you cope with the stress of court proceedings

How the Police Behave in Such Cases

During the cross-examination phase, police officers who investigated the case may also be called as witnesses. They typically present their investigation findings, evidence collection procedures, and witness statements recorded during the investigation. Police witnesses are subject to cross-examination by defense counsel, who may challenge investigation methods, evidence handling, and procedural compliance. Officers must be prepared to defend their investigation techniques and provide clear explanations of their actions during the inquiry process.

FAQs People Normally Have

Can I request a translator during court proceedings? Yes, courts are obligated to provide translation services when witnesses or accused persons cannot communicate effectively in the court’s language.

What happens if I make contradictory statements during cross-examination? Contradictions can weaken your credibility, but courts consider various factors including time elapsed, stress, and complexity of events when evaluating testimony.

How long does the cross-examination phase typically last? It varies depending on the number of witnesses, complexity of the case, and court schedule, but can extend from several months to over a year.

Can the defense lawyer ask any questions during cross-examination? Cross-examination must be relevant to the case and within legal bounds, with courts having discretion to disallow inappropriate or irrelevant questions.

What Evidence Is Required?

• Original charge sheet and police investigation records
• Witness statements recorded during investigation phase
• Documentary evidence including photographs, medical records, or technical reports
• Expert testimony or forensic evidence if applicable to the case
• Previous court orders and bail conditions if any
• Communication records such as emails, messages, or call logs
• Character witnesses or alibi evidence supporting the defense case

How Long Will the Investigation Take?

The cross-examination phase is not part of investigation but rather the trial process. Once cross-examination begins, the timeline depends on court schedules, number of witnesses, and case complexity. Simple cases may complete cross-examination within 3-6 months, while complex cases can extend beyond a year. Court adjournments, witness availability, and lawyer schedules significantly impact duration. Final arguments typically follow after all witness examinations are complete.

Advocate Sudhir Rao, Supreme Court of India