CROSS EXAMINATION

ABSTRACT:

The art of cross-examination is the most effective weapon for the discovery of truth,
provided the objective is not to confound a truthful witness but to extract truth from an
unwilling witness. In India where large number of complaints and cases are filed in civil and
criminal courts every day, 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 aspect which 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 only to answer the question. This way the testimony of
the witness can be confined to the facts relevant to the issue. Such process of recording the
evidence is called his examination. The examination of a witness by the party who calls him
shall be called his Examination-in-Chief. It must relate to relevant facts. No leading questions
can be asked. The object of this examination is to get from the witness all material facts
within his knowledge relating to the party's case. It is the duty of the counsel to bring out
clearly and in proper chronological order every relevant fact in support of his client's case to
which the witness can depose. The statements made in examination-in-chief lose much
credibility and weight unless they are put into the crucible of cross-examination and emerge
unscathed from the rest. The art of Cross-Examination plays an important role in the trial of
each case which involves hard work and talent of lawyers while providing justice to their
clients. A perfect lawyer should learn the art of Cross-Examination not by reading
newspapers but the successful artist learns by doing 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.

MEANING OF THE WORD:

cross-examination is the interrogation of a witness called by one's opponent. ross

examination is the questioning of a witness at a trial or hearing by the opposing party who
called the witness to testify.

The examination of a witness who has already testified in order to check or discredit
the witness's testimony, knowledge, or credibility is known as cross examination.
DEFINITION ACCORDING TO LAW:

The questioning of a witness or a party during a trial, hearing or deposition by the party
opposing the one who asked the person to testify in order to evaluate the truth of that persons
testimony, to develop the testimony further, or to accomplish any other objective. The
interrogation of the witness or party by the party opposed to the one who called the witness or
party, upon a subject raised during direct examination.

CROSS EXAMINATION in court practice, the part of a case where civil or criminal , where
evidence is elicited from other sides witness.

The opportunity for the attorney (or an unrepresented party) to ask questions in court
of a witness who has testified in a trialon behalf of the opposing party. The questions on cross
examination are limited to the subjects covered in the directexamination of the witness, but i
mportantly, the attorney may ask leading questions, in which he/she is allowed to suggestans
wers or put words in the witness' mouth

LEGAL PROVISIONS RELATING TO CROSS EXAMINATION: