Art of cross examination in india. Art of cross 2022-10-13
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The art of cross examination is a vital skill for any lawyer practicing in India. It involves questioning a witness or an opposing party in order to challenge their testimony, expose inconsistencies, and reveal the truth of a matter. Cross examination is a crucial aspect of the legal system, as it allows the parties to present their cases and argue their points before a judge or jury.
In India, cross examination is governed by the Indian Evidence Act, which sets out the rules and procedures for conducting a cross examination. According to the Act, the purpose of cross examination is to test the credibility of a witness, and to elicit evidence that may be relevant to the case.
There are several principles that guide the art of cross examination in India. First and foremost, a cross examination must be fair and reasonable. Lawyers are not allowed to use abusive or harassing language, or to ask leading questions that suggest an answer. They must also respect the dignity and rights of the witness, and avoid causing any unnecessary distress or embarrassment.
Another principle of cross examination in India is that it should be focused and relevant. Lawyers should not ask questions that are unrelated to the case, or that are designed solely to discredit or discredit the witness. They should also avoid asking questions that are vague or ambiguous, as this can lead to confusion and make it difficult for the witness to provide a clear and concise answer.
In order to be effective, a lawyer must also be well-prepared for cross examination. This involves thoroughly reviewing the case, understanding the testimony of the witness, and anticipating any potential objections or challenges that may arise during the cross examination. It also requires a strong understanding of the relevant laws and regulations, as well as the ability to think on one's feet and adapt to changing circumstances.
In conclusion, the art of cross examination is an essential skill for any lawyer practicing in India. It requires a thorough understanding of the legal system, a strong sense of fairness and professionalism, and the ability to think critically and adapt to changing circumstances. By mastering these skills, lawyers can effectively challenge the testimony of witnesses and present their cases to a judge or jury, ultimately working towards justice and the truth.
Ask only leading questions d. Ans: - Sir, I reached to plateform for taking Tea as train was about to come and at that time Tea stall remain open on platform. In order to procure proof of relevant facts, the judge may ask any question that suits him. The cross-examiner may discredit the witness with the inconsistencies in their statements. The Counsel must be ready with materials such as earlier depositions, documents, etc. It has no secret meaning and it readily and mentally gives its answers.
Biased Witness:- A witness may be said to be biased when his relation to the cause or to the parties is such that he has an incentive to exaggerate or give false colour to his statements, or to suppress or prevent the truth, or to state what is false. You can click on this link and join: Follow us onÂ. When a party gets a favorable answer in any of the said questions, which strongly infers that he was not present at the place of incidence on that date, he should not be asked by a question like he was present at the place of incidence, were you? Khasra Khatoni, the site plan of the land, communication between the parties, bills, receipts, and alike documents varyingly form the subject-matter of the cross-examination. Cross-examination can make or destroy a case. She was director of the company while issuing funds for the purchase. The same may receive favour from the Tribunal insofar as it concludes the examination of the witness.
Needless to state, where the evidence is against the party entitled to cross-examination but which has gone untested for want of production of the witness, such evidence will be liable to be ignored. Here the wife may get a hint that things are not going her way and she may either say yes and get demolished on further questions, or try to act smart and try to change her version from statements made in petition. If there is a suggestion in the question, the questioner would be feeding responses to the witness. Later that statement of the girl given to her mother was corroborated with her other statements in order to establish the case. The first one is undoubtedly the question which should not be repeated. However, if you plan to impeach the witness by contradiction with a previous statement, a predetermined question can trap the witness and help to establish the inconsistency.
The witness who heard, saw, or otherwise perceived that fact ought to be brought to the witness box. It is a " powerful searchlight to draw out the truth and further the cause of justice. Section 135 to 166 of the INDIAN EVIDENCE ACT explain the examination of witness in which act cover the things , like who can first examine the witness during the examination of witness and what are the relevant facts that are accepted during the examination of witness and what are the questions asked by an advocate during the cross examination of witness and what questions are not asked during examination of a witness and at last give the provision related to the power of jury and assessors to asked the question during the examination of witness. Such questions often help in breaking the pre-arranged version of the party and calls for a spontaneous narrative. Section 135 to 166 of Indian Evidence Act explain the examination of witnesses in which act cover all the things, like who can first examine the witnesses during the examination of witnesses and what are the relevant facts that are accepted during the examination of witnesses and what are the questions asked by an advocate during the cross-examination of witnesses and what questions are not asked during the cross-examination and also tells the power of judges during the examination of witnesses and at last give the provision related to the power of the jury and assessors to asked the question during the examination of witnesses. File a FIR with CJM court. Cross-examination should feel more like a dialogue than an attack.
Art of Cross Examination in Commercial Arbitration: 20 Things you should know
But what if that witness turns hostile though it is rare in civil cases during cross-examination? Make such witness repeat his statement, flip him to end, middle, and alike. Effective cross-examination can make the difference between winning and losing a trial. Here re-examination fulfills the important function of setting the record straight. Now, this fact can be easily verified from the website of the Ministry of Corporate Affairs through the Company Identification Number of the Company. Though the legality of confrontation with previous statements is expressly made clear by Section 145 IEA, previous statements are not the only things that a witness can be confronted with, during cross examination. Â Â Preparation for Expert witnesses Preparation is a very crucial step before cross-examining an expert witness. Please remember, as many cases are lost on cross-examination, as won.
Also, some amount of leading is necessary to bring the focus of the arbitrator on the area that the counsel wants the witness to explain or rebut. One must prepare for both fact witnesses and expert witnesses. To separate the truth from falsehood , more particularly if the truth told by your opposing witness would be of assistant to your case. What was the stake? Dear Sir, I have applied for divorce and soon I will be cross-examined. P Temple and Another ,2003 8 SCC 752 Sonu Amar v.
The same was held in the case of Reg. The maid question has to be dealt directly. Akan Bora , the Court held that Section 144 has no application when the witness is sought to be cross-examined by the election-petitioner, has not been asked any question on any contract, grant or other disposition of property. Â If there are any objections with regard to its production or admissibility, the Court will deal with it. In every cross-examination of an expert, the lawyer must be well aware of the concerned areas of science. Primary evidence means the original documents produced before the court for inspection. In a pollice case, during investigation, police record statements of the witnesses who are related to incident or has seen the incidents that is known as police statement.
Conclusion Examination of witnesses is very important for any case whether it belongs to the civil or criminal nature and both the procedural law explain the examination of witnesses. Lengthy questions may make comprehension difficult. When the accused was denied the opportunity to cross-examine the witness; the conviction based on the statement of the witness cannot be upheld; and such evidence must be excluded from consideration. Â Parties expect witnesses to testify in their favour; some witnesses, however, do not oblige. Â Expert witness Expert witness comes under the purview of Section 45 of the Indian Evidence Act, 1872.
The Art of Cross Examination in Commercial Arbitration
If you don't, you risk losing credibility. It is true that if any new matter is introduced, the opposing defendants might be allowed an opportunity subsequently to cross-examine the witness, but this would be a cumbersome process and would unnecessarily prolong the proceedings. PRINCIPLES OF CROSS-EXAMINATION Scriptural basis of cross examination — The method of eliciting the truth by the method of cross-examination is old as human nature. However, this is just one of the very rare situations where the witness should be allowed to volunteer information and travel beyond the negative or the affirmative. For more you have to join the groups. Importance of various stages — Written Statement, Cross-Examination, Own Evidence, Final Arguments Note: in this article, our area of discussion is the full trial of case proper e.
If same fit true in the circumstance of the case, court says 'Objection sustained' which means 'Okay. She will say yes, what else she will say that she was out shopping with girlfriends? Questions should be based on prior testimony of the witness and emphasis must be laid on the quality of information a particular witness can add. Right+to+cross+examination Indian Case Law Law CaseMine The right to notice, right to present case and evidence, right to rebut adverse evidence, right to cross examination,. Here are list of questions asked to her for deciding her requirements. In the case of Atul Bora v. The only major difference between civil and criminal cases is witnesses turning hostile. He has been granted protection by the statute.