Techniques of Cross Examination both in civil Suits and criminal case:

Techniques of Cross Examination both in civil Suits and criminal case:

Introduction: cross examination is a great art. It cannot be gained over night or a day. It is required regular deep hard-working practice. Our Apex court said in it’s judgment that cross examination is the greatest legal Enquiry even invented for discovery of Truth. Therefore it is said to find out the truth or falsity in a case where the evidence play vital role. The greatest significance of cross examination is that where the statement of witness is not tested by  cross examination. The statement cannot be admissible in evidence against a party.

The Evidence Act 1872 has given some rules to do cross examination of witness in Chapter 7.

Section 137 said that the Examination of the witness by the adverse party is called his course examination.

Section 138 provides that cross examination must related to relevant facts a person Summoned to prosuce a document does not become a witness. And he cannot be cross examined until and unless he is called as a witness. Witness to Character may be Cross-Examined.

Section 143: leading question can be asked.

Section 145: A witness may be Cross-examined for his previous statement.

Section 161: if any person of the code of civil procedure can be denied  in such cases.

Section 146 to 105 have given enough power to the cross examiner in finding out the truth by  way of cross examination.

A witness may be asked questions:

1. To test his honesty.

2. To discover who is he and what is his position in life.

3. To shake his credit by injuring character.

4. To break down the evidence in chief or where this  is not possible.

5. To weaken its Impact that he was lying.

6. To being new evidence to light which contradicts the evidence in Chief.

7. To destroy the witness Reliability.

This may be done even with an expert witness. For example, Once I Opened my Cross Examination of medical expert with the question.

What is a phylogenic Granuloma? He didn’t know the answer and tried to fudge/ Poppycock it. Which didn’t really help him.

General rules of cross examination:

Evidence is not Challenged in cross examination. The evidence is taken to be a accepted by the other side. so it is necessary to cross examine a witness on all the material facts which are Disputed.

Questions in cross examination must either be relevant to the issue in hand or the witness credit.

Hostile witness can be cross examined by the party who called him as witness  as per section 154 of the 1872 Act.

In order to conduct cross-examination the lawyer must study the relevant very carefully. A lawyer Who is well known with the whole facts of the case,

 he could be able to fight his adversary with confidence.

The lawyer should have taken down a note when The examination in chif goes on making important point in his  forever. The note will be very helpful at the time of cross examination of witness.

There are the some rule to be the follow in cross examination which may be called Golden rule of cross Examination.

If a beginner follow the rule it will not be difficult for  him to conduct cross examination in an effective manner. 

The rule or stated as under

1. Be brief as you can.

2. Stop when you get what you want.

3. Use reading question.

4. keep  dismay secret.

5. Never jump back  in alarm do not know the answer.

6. Do not ask questions to which you do not know the answer.

7. Never ask why and How.

8. Do not even into the argument with a witness.

9. Cross on previous statement.

10. Cross confidently and Courageously.

11. Watch cross at  court house and learn some technique to cross expert witness.

For Cross- Examination of Doctor a lawyer need to acquire some knowledge on Medical jurisdiction.

Cross-Examination is the most effective weapon Provided by the law against the opposite party.

To state the truth before the court and exposed false  Hood of a witness who is a lie.

It is  very difficult to handle this weapon. It is a double edged sword.

knowledge on general Rules of evidence as well as a special Rules of evidence.

To become a good trial lawyer one must be well conversant as to the general rule of evidence.

1. Evidence Act, 1872.

2. Special Rules of evidence in Chapter 41 of the code of criminal procedure  section 509 to 512.

3. The Bankers Books Evidence Act, 1891.

4. The commercial document Evidence Act, 1939.

5. Family court Ordinance 1985.

6. The state Acquisition and Tenancy Act 1950 of section 144A.

Technique of proving document Evidence:

Instrument which is defined in section 3 of this Act.

Instrument means a non testamentary instrument. Instrument means document A civil case regarding  dispute of title may be prima facie by the adducing documentary evidence like deed. legal instruments evidences all rights, title and interest in people.

Non-testamentary instrument like sale deed, mortgage deed,  gift deed etc are the Covered in the definition.

PW=Plaintiff of witness.

PW=Prosecution witness.

DW=Defendant witness.

 DW=Defends witness.

CW= Court witness.

OPW= Opposite Parties witness.

Document exhibited by the plaintiff be marked as Ex 1,2,3

Document exhibited by the Defendant be marked as Ex A,B,C

Same Nature’s of documents be marked as Ext 1 series, A series.

Material Ext : i, ii, iii, ETC.

Conclusion: Cross-examinationr needs/requires the nature gifts. The natural talent is not the sufficient by itself. it has to be developed by the master full knowledge of the subject matter  itself and by carefully the principals relating to  cross examination.