Cross Examination: Meaning and Definition

Cross-examining a witness is primarily used to determine whether or not the witness is credible. It is undoubtedly one of the most efficient methods and one of the fundamental principles that is essential for discovering the truth. Sections 135 to 166 of the Indian Evidence Act of 1872 cover the principles and procedures for questioning and cross-examining witnesses.

Three steps can be used to examine a witness; First, "Examination-in-Chief," or the party calling the witness questioning him; Second, "cross-examination," which is when the other party questions a witness; Third, "re-examination," which is the examination of a witness after the party who called him has conducted a cross-examination

Primary Goals of Cross-Examination

Following are the significant primary goals of cross-examination −

• To introduce positive information not discussed during the examination

• To demonstrate and prove that the witness's statement is untrue.

• To prove any potential conflict of interest the witness may have with the trial's outcome.

• To demonstrate that the witness has remembered his testimony and received coaching.

• That witness has simply attested to the portion of the document that is out of context, not the entirety of the documents.

• To verify the witness's capacity for hearing, seeing, remembering, and relating to the truth of what he claimed.

The Basics of Cross-examining Someone

The basics are −

• A fair opportunity is given for cross-examining by the opposing party.

• If it is determined that a witness has turned hostile, cross-examination is not just available to the opposing party but also to the party who called the witness.

• There cannot be a cross-examination without a chief examination.

• Cross-examination is permitted in the absence of an examination-in-chief if police give a piece of damaging evidence during the course of questioning the witness.

• The witness may be called again for the purpose of cross-examining if the counsel is not present on the scheduled day.

Cross-examination guidelines

Cross-examination is a skill that must be learned through time; there is no set of rules that clearly defines how it should be conducted. However, there are some rules for cross-examination that are outlined in the Act. Cross-examination must relate to and must not depart from the pertinent facts in accordance with Section 138 of the Act. The opposing side is able to choose not to limit the questions to those that were included in the exam.

Therefore, cross-examining a witness regarding earlier written statements made on pertinent subjects is authorized but not examining the witnesses who provide the papers. According to Section 146 of the Act, the cross-examining side may ask the witness any question(s) in order to assess his reliability, comprehend who he is and what his position is, or damage his reputation by undermining it. All pertinent questions posed to the witness must be answered.

When the witness's testimony seriously impairs his or her credibility, it is occasionally acceptable to ask irrelevant questions. However, some inquiries are regarded as being improper, such as inquiries into subjects that do not have an impact on a witness's credibility and inquiries into allegations made about a witness' character that have no bearing on the testimony the witness provides. The party has the option to choose not to respond to any questions that are inappropriate or irrelevant during the witness's cross-examination. According to Section 154 of the Act, a party may cross-examine his own witnesses with the court's permission when certain circumstances arise, such as when a witness becomes hostile and it is crucial for the party to question him.

According to the ruling in the case of S. Murugesan v. S. Pethaperumal (AIR 1999 MAD 76), "Section 154 confers a description on the court to permit cross-examination of the witness by the party who calls it and it doesn't contain any specific condition or guidelines which made govern the exercise of such discretion, but it is generally expected that the judge will use his power judiciously with proper justification."

Conclusion

Cross-examining the witnesses is an important part of presenting evidence and proving the pertinent facts in both civil and criminal cases. The Act's provisions are crucial for witness protection because they guarantee the witness' rights to provide a testimony free from coercion or fear. Sections 135 to 166 of the Act describe several aspects of witness examination, including regulations, principles, how to determine a witness's reliability, what questions to ask the witness, how to conduct the examination, and other pertinent details pertaining to cross examination.

In any scenario, a successful cross-examination can change the outcome of the trial. Cross-examination, on the other hand, requires careful planning, diligence, and common sense. The skill of cross-examination can only be acquired through regular practice and training, thus it is safe to say that its structure, when organized and sequential, results in a successful process for the client and Court.

Frequently Asked Questions

What are the cross-examination guidelines in India?

A fair opportunity is given for cross-examining by the opposing party. If it is determined that a witness has turned hostile, cross-examination is not just available to the opposing party but also to the party who called the witness. There cannot be a cross-examination without a chief examination.

What happens next after the cross-examination?

Re-examination is a stage of examination that comes after cross-examination and is conducted by the party who called the witness to ask questions concerning any new information that was revealed to the opposing party during cross-examination (Section 138 of the Indian Evidence Act, 1872).

What is the purpose of cross-examination in Indian courts?

The primary purpose of cross-examination in Indian courts is to elicit information that might cast doubt on the witness's credibility, challenge their version of events, reveal inconsistencies, and expose any bias or motive to give false testimony.

Who conducts the cross-examination in an Indian court?

The cross-examination is conducted by the lawyer representing the opposing party to the one that presented the witness. This lawyer aims to challenge the witness's testimony and undermine the case presented by the opposing party.

What rules govern cross-examination in the Indian Judiciary?

Cross-examination in Indian courts is governed by the Indian Evidence Act, 1872, and the Code of Civil Procedure, 1908. These laws outline the procedures and limitations of cross-examination, ensuring a fair and impartial examination of witnesses.

Can leading questions be asked during cross-examination in Indian courts?

Yes, leading questions are allowed during cross-examination in Indian courts. Leading questions are those that suggest the desired answer and are generally not allowed during examination-in-chief but are permissible during cross-examination to elicit specific information.

What precautions should be taken during cross-examination in Indian courts?

During cross-examination, lawyers must ensure that their questions are relevant to the case, avoid badgering or harassing the witness, and respect the court's decorum. The questions should be aimed at challenging the witness's credibility and not at intimidating or humiliating them.

How does the judge intervene during cross-examination in Indian courts?

The judge plays a role in controlling the cross-examination process. They may intervene to prevent improper or irrelevant questions, sustain objections raised by the opposing counsel, and maintain the dignity of the court proceedings.

What is the significance of cross-examination in determining the outcome of a case?

Cross-examination can greatly influence the outcome of a case in the Indian Judiciary. A strong cross-examination can weaken the opposing party's case by exposing inconsistencies or unreliable testimony, while a weak cross-examination might fail to challenge the credibility of the witnesses.

Are there any limitations to cross-examination in Indian courts?

Yes, there are limitations to cross-examination in Indian courts. Lawyers are not allowed to ask questions that are irrelevant, offensive, or scandalous. Additionally, witnesses cannot be asked questions that violate their right against self-incrimination.