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How To Examine Witness In The Court? How To Examine Witness In The Court?

Bronze medal Reporter Adv Rose Posted 9 Feb 2019 Post Comment Visitors: 2892 Read More News and Blogs
How To Examine Witness In The Court?

The aim of examining a witness is to find out the truth and detection of lie in testimony. It is used to either abolish or weaken the power of evidence which is already anticipated by a witness. It is duty of a lawyer towards his client to do a better cross examination it is not a matter of glory and fame. Cross examination is best way to discover the truth and to find out the false statements of the witness. It is important to remember that the Justice should not be denied by the improper Cross-Examination. Examination of witnesses plays an important role in the presentation of the evidence in a court of law irrespective of the civil or criminal case and admissibility of evidence is also an important aspect which has to be decided by the judges only. Due to which each case will be looked upon clearly and it will take a long time to pass the judgment by the court. 

Before initiating a Cross-Examination of any witness, the lawyer should clearly bear in mind those points he or she wishes to make with that witness. And then, he or she should write them down. These points also should be discussed with those who are assisting at trial. Patience is the virtue in Cross-Examination and judges must give chance to every party to Cross-Examine the other party’s witness. 

Lawyers in India should use leading questions i.e. “is that correct?” and “isn’t it a fact” etc. at the time of Cross-Examining of the witness because asking only leading questions is perhaps the oldest rule of Cross-Examination. It is an old rule because it is a good one. Leading questions are most effective because they essentially allow the Cross-Examiner to testify and the witness to ratify. The technique advances one of the important dynamics of the courtroom is control. Asking leading questions allows the Cross-Examiner to be forceful, fearless, knowledgeable and informative. Good thing come from leading questions. Usually be aware that leading questions also can grow tiresome. No one likes to hear a hundred questions in a row that end with, “is that correct?” and all the questions put during the trial of Cross-examination must be lawful as permitted under ‘Sec: 146’ of ‘Indian Evidence Act, 1872’.

Some important points to be considered in the cross-examinations are to find the cause which made the witness to alter or amend his evidence, to modify the evidence given under the chief examiner, by causing the witness to speak about the additional facts to show the reasons and circumstances, causing witness to give further evidence from reasons arising out of his evidence.


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