Can the statement of a witness be taken into account, even if he/she was not subjected to cross-examination?
12. Can the statement of a witness be taken into account, even if he/she was
not subjected to cross-examination?
Witnesses are to be offered for cross examination. If the opposite side chooses not
to exercise the right of cross-examination, there is no bar in taking into account the
statement of such witnesses. If cross examination of a witness is not allowed or the
witness did not present himself/herself for cross-examination, the statement of such
witness should not be taken into consideration at all,Union of India Vs. P Thiagarajan
[1998(8) JT 179]