Open Access Research Article
THE SECOND ASSAULT: FAIR MEANS OR FOUL PLAY IN THE CROSS-EXAMINATION OF SEXUAL ASSAULT SURVIVORS UNDER THE ADVOCATES ACT, 1961 AND BAR COUNCIL OF INDIA RULES
Abstract
A
courtroom is a place where justice is sought, but sometimes when survivors of
sexual assault are in court, the experience of having to cross-examine their
perpetrators can heighten their trauma. Cross-examination is a necessary component
of a fair trial but there is an important ethical issue to be asked here, when
is it okay to cross the line into secondary victimisation?
This
study will focus on the extent of cross-examination of sexual assault
complainants allowed by the Advocates Act, 1961[1],
and the Bar Council of India Rules[2].
It considers how an advocate is expected to be fearless while also being a
professional, and keeping survivors in mind while maintaining dignity, fairness
and respect.The paper finds that while the current ethical frameworks offer a
starting point to responsible advocacy, there is a lack of specific guidance,
which leads to ambiguity. The study emphasizes that there is a need to
establish more clearly defined professional standards that will guarantee that
the process of justice will be consistent with human dignity.
[1] The Advocates Act, No. 25 of 1961
[2] Bar Council of India Rules, pt.
VI, ch. II (India), framed under § 49(1)(c) of the Advocates Act, No. 25 of
1961
Published Paper
Author Details
Authors: TRIPTI SRIVASTAVARegistration ID: 1013385 | Published Paper ID: IJLRA13385Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1410- 1425
Article Information
THE SECOND ASSAULT: FAIR MEANS OR FOUL PLAY IN THE CROSS-EXAMINATION OF SEXUAL ASSAULT SURVIVORS UNDER THE ADVOCATES ACT, 1961 AND BAR COUNCIL OF INDIA RULES
Authors: TRIPTI SRIVASTAVA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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