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Cross Examination

Cross Examination

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Published by Ashwani Aman

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Published by: Ashwani Aman on Mar 04, 2013
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March 5, 2013
RULE OF CROSS EXAMINATION
 
1Pooja Malhotra R760210039 500012403
INTRODUCTION
In India where large number of complaints and cases are filed in civil and criminal courts everyday, delay in justice is common as pendency of cases in courts are also growing rapidly.Examination of witnesses plays an important role in the presentation of the evidence in a court of law irrespective of civil or criminal case and admissibility of evidence is also an important aspectwhich has to be decided by the judges only. The testimony of a witness is recorded in the form of answer question. Witness is not permitted to deliver a speech to the Court, but is supposed onlyto answer the question. This way the testimony of the witness, can be confined to the factsrelevant to the issue. Such process of recording the evidence is called his examination. Theexamination of a witness by the party who calls him shall be called his Examination-in-Chief. Itmust relate to relevant facts. No leading questions
1
can be asked. The object of this examinationis to get from the witness all material facts within his knowledge relating to the party's case. It isthe duty of the counsel to bring out clearly and in proper chronological order every relevant factin support of his client's case to which the witness can depose. The statements made inexamination-in-chief lose much credibility and weight unless they are put into the crucible of cross-examination and emerge unscathed from the rest.Due to which each case will be looked upon clearly and it will take long time to pass the judgment by the court. The examination of witnesses can be classified into three types as defined
under „Sec: 137‟ of „Indian Evidence Act, 1872‟ as follows:
-
“ 
 Examination-in-chief means the examination of witness by the party who calls him shall be called his examination-in-chief.Cross-Examination means the examination of witness by the adverse party shall be called his cross-examination.
1
Sec 141
, Indian Evidence Act, 1872
;
Leading Questions
- Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.
 
March 5, 2013
RULE OF CROSS EXAMINATION
 
2Pooja Malhotra R760210039 500012403
 Re-Examination means the examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.
 The order of examination is laid down under Sec 138. As per sec138, every witness shall beexamined first by the party who has called him, then by the opposite party, and then, if the party
who called, as per the party‟s desire
 RIGHT OF CROSS-EXAMINATIONThe right of Cross-Examination is one of the most powerful instrumentalities provided lawyersin the conduct of litigation. One of the most important purposes of Cross-Examination is toattempt to destroy the testimony or the credibility of the
opponent‟s witnesses. Justice is not
served if a witness is unable to communicate credibility to a jury. The search for truth is theultimate and idealistic end of all litigated matter in a court trial. In
Jagdish Chand Pareek vsMukesh Kumar Pareek 
2
,
decided on 13 February, 2013 the trial court had closed the right of the appellant-defendant to cross-examine the plaintiff. The appellant contested the followingorder was illegal and deserves to be set aside. As regards the denial of opportunity to
cross
-
examine
the plaintiff parties and taking into consideration the order-sheets, the court is of theopinion that the order for closing the
right
of the defendant to
cross
-
examine
the plaintiff wasnot proper. Further,
in Sri Ashwatha Reddy vs Smt M Deveeramma
3
 
on 6 February, 2013 thecourt
 
appellant-defendant would also have a
right
of 
cross examining
the plaintiff on this issueand in view of an opportunity having been granted to appellant- defendant also to lead evidence.Many time courts have compared the right to cross examination as a right under natural justice.Like in
Shahid Balwa vs The Directorate Of Enforcement
4
 
on 24 January, 2013
t
he HighCourt of Delhi held that the respondents
 
had completely compromised the petitioners right to
cross-examine, which had resulted in breach of principles of natural justice. The provisions of 
2
AIR 2013, Raj 282.
3
Citation could not be found. Access from http://indiankanoon.org/doc/23749881/,Accessed on 3
th
,March,2013.
4
Citation could not be found. Case accessed at  http://indiankanoon.org/doc/42619944/,Accessed on 3
th
 March, 2013.
 
March 5, 2013
RULE OF CROSS EXAMINATION
 
3Pooja Malhotra R760210039 500012403
Section 16 (1) of the FEMA, which mandate a grant of reasonable opportunity of being heard before imposing a penalty, encapsulated within it, the right to cross-examine any person onwhose statement reliance is sought to be placed by the complainant.CROSS EXAMINATION AS EVIDENCEThe art of Cross-Examination plays an important role in the trial of each case which involveshard work and talent of lawyers while providing justice to their clients. A perfect lawyer shouldlearn the art of Cross-Examination not by reading newspapers but the successful artist learns bydoing it, or watching others do it well; by reading trial and deposition transcripts or, better yet, by conducting the examination personally. The trial lawyer must learn as well to adapt to particular witnesses and different cases.The examination of a witness by the adverse party shall be called his cross-examination. The purpose of the cross-examination is to test the veracity of the witness. No evidence affecting a party is admissible against that party unless the latter has had an opportunity of testing itstruthfulness by cross-examination
5
. The Supreme Court has pointed out that if the oral testimonyof certain witness is contrary to proved facts, their might well be discarded on that ground. If their testimony is on face of it unacceptable, courts are bound to accept it merely was no crossexamination. The purpose of cross examination is to expose the truth about the testimony of thewitness.
6
 The main object of Cross-Examination is to find out the truth and detection of falsehood inhuman testimony. It is designed either to destroy or weaken the force of evidence which isalready given by a witness. Cross-Examination of witness is a duty of every lawyer towards hisclient and not a matter of glory and fame. It is the most efficacious test to discover the truth andto detect the false statements of the witness. It should be remembered that the Justice should not
5
 
Maganlal Vs. King Emperor 
AIR 1946 Nagpur 126
 
6
 
 Juwar Singh v. State of M.P 
, AIR 1981 S.C 373. Cross- examination need not be confined to the facts statedby the witness in his examination-in-chief. It can extend to the whole range of relevant fact and also the fact exposing the credibility of the witness.

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