Cross-Examination Under the Indian Evidence Act: Meaning, Scope & Types of Questions Allowed
Cross-examination is one of the most essential tools in the Indian judicial system. It serves as the backbone of adversarial litigation by testing the truthfulness, credibility and reliability of a witness. The Indian Evidence Act, 1872 lays down clear provisions relating to the procedure, scope and limitations of cross-examination in Sections 137 and 138. It ensures that evidence is not accepted blindly but is thoroughly scrutinized to avoid injustice. Through this process, courts can uncover inconsistencies, expose falsehoods, and determine the actual value of the testimony.
This article explains cross-examination in a simple, humanized, and exam-focused manner while maintaining accuracy according to the Evidence Act. Relevant case law ideas and examples are incorporated to enhance clarity and learning.
Meaning and Purpose of Cross-Examination (Sections 137–138)
Section 137 of the Evidence Act defines cross-examination as the questioning of a witness by the adverse party after the completion of examination-in-chief. The main object of cross-examination is to test the veracity, accuracy, and credibility of the witness. It enables the opposing party to reveal contradictions, bias, motives, or omissions that diminish the value of the statement.
Section 138 outlines the order of examination:
- Examination-in-Chief
- Cross-Examination
- Re-Examination
Cross-examination is not just a right but a fundamental safeguard of fair trial. The Supreme Court has repeatedly emphasized that denial of the opportunity to cross-examine violates principles of natural justice. Without cross-examination, a witness’s statement has limited evidentiary value because it remains unchallenged and untested.
Objectives and Importance of Cross-Examination
Cross-examination serves multiple legal and practical purposes. It protects the innocent from wrongful conviction and prevents unreliable evidence from influencing judicial outcomes. Some key objectives include:
1. Exposing Falsehood or Fabrication
Cross-examination helps detect lies, exaggerations, or fabricated parts in the testimony. A skillful lawyer can highlight contradictions between oral evidence and documentary evidence.
2. Testing Memory, Perception, and Observation
A witness may be mistaken, confused, or misled. Cross-examination helps determine whether they actually saw or heard what they claim.
3. Establishing Bias or Hostility
Sometimes, witnesses have personal interest, enmity, or fear affecting their testimony. Cross-examination uncovers such influences.
4. Clarifying Ambiguous Statements
If testimony is unclear, cross-examination helps bring precision, thereby assisting the court.
5. Strengthening the Case Theory
While primarily used to weaken the opponent’s case, cross-examination can also reinforce facts helpful to the cross-examining party.
Thus, cross-examination is the strongest instrument for discovering truth, making it indispensable to criminal and civil trials.
Types of Questions Allowed in Cross-Examination
The Evidence Act allows a very wide scope for questions during cross-examination. Section 146 specifically lists the categories of permissible questions.
1. Questions Testing Veracity
Questions may be asked to determine whether the witness is telling the truth. These include contradictions, omissions, and inconsistencies with previous statements.
2. Questions Determining Identity and Position
A witness may be questioned about their character, background, or role in the incident to establish their reliability.
3. Questions Exposing Motive and Bias
To show that the witness has something to gain or lose, questions regarding relationship, interest, enmity, or pressure are allowed.
4. Previous Convictions or Bad Character
Section 146(3) permits questions about previous criminal convictions when relevant to credibility, though the court may regulate such questions under Section 148.
5. Leading Questions
During cross-examination, leading questions are allowed without court permission (Section 143). These questions suggest answers, helping lawyers control the direction of testimony.
6. Questions Regarding Statements in Writing
Under Sections 145 and 155, witnesses may be questioned about prior written statements to contradict or impeach their credibility.
7. Questions to Shake Credit
Section 155 allows questions intended solely to “shake the credit” of the witness, including past conduct, character, or inconsistent behavior.
Overall, the scope of questions is extremely broad, but these questions must serve the legal purpose of testing credibility, not harassing or insulting the witness.
Limitations on Cross-Examination (Sections 148–152)
Even though wide latitude is given, the Evidence Act maintains strict limits to prevent misuse:
- Section 148 gives the court discretion to forbid questions that unnecessarily insult or annoy the witness.
- Section 149 requires lawyers to have reasonable grounds before asking questions attacking character.
- Section 150 punishes lawyers who ask scandalous questions without justification.
- Section 151 prohibits indecent or scandalous questions unless directly relevant.
- Section 152 restricts questions intended solely to harass or humiliate the witness.
These safeguards ensure dignity and fairness while preserving the effectiveness of cross-examination.
Practical Example of Cross-Examination in Court
Suppose a witness claims to have seen the accused committing a burglary at 11 PM from a distance of 100 meters. During cross-examination, the defense lawyer may ask:
- Was there adequate lighting at that time?
- What was the distance between you and the accused?
- Were you wearing your glasses?
- Have you previously had disputes with the accused?
- Why did you not inform the police immediately?
Through these questions, the lawyer may show that the witness could not have identified the accused due to poor lighting, eyesight issues, or prior enmity. This reduces the evidentiary value of the testimony and may even create reasonable doubt, helping the accused.
Mnemonic to Remember Cross-Examination – “TRAILS”
T – Test veracity
R – Reveal contradictions
A – Attack credibility
I – Identify bias
L – Leading questions allowed
S – Shake the credit of witness
Mnemonic: “Cross-examination TRAILS the truth.”
About lawgnan
Enhance your understanding of cross-examination under the Indian Evidence Act with our clear and exam-oriented explanation on Lawgana.in. Explore how Sections 137–138 define the process, how lawyers test a witness’s truthfulness, and what types of questions are legally permitted under Sections 143, 145, 146, and 155. This guide simplifies objectives, limitations, case-based examples, and the mnemonic “TRAILS” to help you remember key elements easily. Whether you are preparing for judiciary exams, law school tests, or practical advocacy, visit Lawgana.in for more structured, high-quality legal notes.
