Know What are a Few Commonly-Used Objections in a Criminal Courtby Jack Hill Live Life King Size
It is common to see criminal lawyers in Delhi or other courts across India stand up during criminal proceedings and trials and make objections of varying kinds. Their statements adhere to the terminologies used in courtrooms to convey or address a particular issue. However, it may become difficult for people who do not know about them to understand the objections.
Thus, let us explain the meanings behind the most common objections used in a criminal court.
“Hearsay” is an exceedingly common objection utilized in a criminal court. As the name suggests, it gets used to indicate information obtained from second-hand sources. It implies that statements or testimonies provided by a third party cannot get trusted to establish and determine the truth. It is because the out-of-court individuals generally do not have anything to do with the criminal case. Additionally, the opposing party has no scope to test their legitimacy and credibility by cross-examining them.
No person remains allowed to testify about something in court they have not seen or heard with their own eyes and ears. If they present something they have not directly witnessed, it gets labeled “hearsay.” In such cases, the provided testimonies or statements do not get considered valid.
Nevertheless, there are a few exceptions to it. The criminal lawyers, Supreme Court of India, and other relevant parties review the case thoroughly before opting for them.
“Leading questions,” or merely “leading,” get used when a prosecutor questions a witness. It indicates a situation where the former tries to put words into the latter’s mouth. In other words, it gets used when the attorney questions in a way that leads the witness to answer what the lawyer wants.
“Leading questions” are prohibited in court because they can influence the testimonies and make them biased. The witnesses must answer of their free will without the attorney suggesting anything.
“Relevance” gets made when a prosecutor asks the witness or defendant about something that has nothing to do with the case presented in court.
For instance, suppose the case presented before the court is one of a personal injury claim caused by a car crash. However, the attorney keeps asking the witness questions regarding the bail in Pocso Act they got ten years back. The opposing lawyer can issue a “relevance” objection in such cases.
“Relevance” is essential in court because the jurors may become influenced or distracted by unnecessary and irrelevant information. It may shift their focus from the matter at hand. It, in turn, may result in biased and unfair verdicts against the accused.
“Speculation” gets used when a witness gets asked to estimate or guess something. In other words, the objection gets used whenever they assume something.
For instance, it can include questions regarding the speed of a car or the number of people.
Generally, judges sustain the “speculation” objection and ask the attorneys to rephrase the question or move on to another one.
The “non-responsive” objection gets made when the witness answers something irrelevant to the presented or asked question. Thus, it gets used when their response does not remain directly linked or related to the query.
For instance, suppose the attorney asks the witness or defendant what they had been doing at a specific time on a particular day. However, the latter talks about the anticipatory bail from Supreme Court their relative had gotten on the same day. In such cases, the lawyer can object using the grounds of non-responsiveness.
The objection signifies that the defendant or witness should not go off-topic. Instead, they should answer what they get asked.
Created on Oct 10th 2022 21:01. Viewed 138 times.