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Difference Between Chief examination And Cross examination Difference Between Chief examination And Cross examination

Bronze medal Reporter Adv vrinda Posted 5 Oct 2019 Read More News and Blogs
Difference Between Chief examination And Cross examination

Examination, in law, means the interrogation of a witness by attorneys or by a judge. The examination-in-chief or direct examination is one stage in the process of adducing evidence from witnesses in a court of law

Chief examination

The examination-in-chief is a process of adducing evidence from witnesses in a court of law.  In a trial, the Examination-in-chief will question the witness by the party who called him or her. Examination-in-chief is usually performed to elicit evidence in support of facts which will satisfy a required element of a party's claim or defense.

In examination-in-chief, one is generally prohibited from asking leading questions. This prevents a lawyer from feeding answers to a favorable witness.  The exception to this rule occurs if one side has called a witness, But it is either, becomes clear or understood, that the witness is hostile to the questioner's side of the controversy. The lawyer may then ask the court to declare the person has called to the stand a hostile witness. If the court does so, the lawyer may thereafter ask witness leading questions during direct examination.

The techniques of examination-in-chief are taught in courses on trial advocacy. Each examination-in-chief is integrated with the overall case strategy through either a theme or theory or, with more advanced strategies, a line of effort.


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Cross-examination

You do not want the witness to tell the story in cross-examination. You indicate the point you wish to make and put it to the witness. Leading questions, therefore, are used in cross-examination. Most of the important questions provide for effective cross-examination because the facts are supplied by the advocate instead of the witness and the advocate has most of the control according to a particular sequence. the point they want to make. In Cross-examination you do not want a witness to tell their story, you want them to verify the particular matters that you put to them. 

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The criminal lawyers in India challenge and attempt to undermine the prosecution case by exposing weaknesses in the evidence of prosecution witnesses in Cross-examination. In Cross-examination of each witness occurs after the witness has completed their examination-in-chief. The subject of cross-examination is one of importance in the conduct of law cases because only it has the power to sift the truth from falsehood.  The examination of a witness by the adverse party shall be called his cross-examination Section 137 of the Indian Evidence Act




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