M. Kanna v. State
Supreme Court of India2018 INSC 809; MANU/SC/1000/2018; (2018) 9 SCC 593Bench: J. A.K. Sikri, J. S. Abdul Nazeer
The Supreme Court held that the right to cross-examine a witness is not unfettered — it must be exercised within the limits of the law. In POCSO cases, defence counsel cannot: (1) ask questions about the victim's character or sexual history, (2) subject the child to aggressive, intimidating, or humiliating questioning, (3) ask repetitive questions designed to break the child's resolve. The Special Court judge has a duty to actively intervene and disallow such questions. Where the trial court fails in this duty and the child victim's cross-examination amounts to a second assault, the resulting evidence is tainted. The case was remanded for fresh trial with a direction to appoint a trained child-sensitive public prosecutor.