Meaning and Legal Basis
Cross-Examination is the questioning of a witness by the party opposite to the one who called the witness. It is a crucial part of the trial process, ensuring that evidence presented is tested for accuracy, truthfulness, and reliability. Under Sections 135 to 166 of the Indian Evidence Act, 1872, cross-examination allows the opposing party to challenge statements made during examination-in-chief, expose inconsistencies, and assess the credibility of the witness. It is considered a fundamental right of the parties in both civil and criminal proceedings, enabling the adversary to scrutinize and confront the evidence presented against them. Cross-examination is vital to the adversarial system and ensures fairness in judicial proceedings.
Objectives and Purpose of Cross-Examination
The primary purpose of cross-examination is to test the veracity of a witness, detect bias, exaggeration, or falsehood, and assess the witness’s reliability. Section 138 of the Evidence Act allows cross-examination on all matters relevant to the case, including prior statements and facts elicited in examination-in-chief. It may also help elicit additional information favorable to the questioning party. By confronting the witness with pointed questions, cross-examination allows the court to determine the weight and credibility of evidence, helping in the just adjudication of disputes. This ensures that the testimony of the witness is subjected to rigorous testing before being relied upon.
Rules and Limitations
Cross-examination is subject to specific rules to prevent abuse. Under Section 145, questions must be relevant to the subject of inquiry or the matters in issue. Leading questions are permitted during cross-examination (Section 141), unlike in examination-in-chief. However, irrelevant, scandalous, or oppressive questions are prohibited. Cross-examination must be conducted in the presence of the court and accurately recorded to ensure fairness. Courts may also allow re-examination to clarify issues arising during cross-examination. The focus remains on truth-seeking without harassing or misleading the witness.
Real-Time Example
In a theft case, a shopkeeper testifies that he saw the accused stealing goods. During cross-examination, the defense asks whether the shopkeeper wore glasses that night, if the lighting was poor, or whether he had prior disputes with the accused. These questions test the reliability and observational accuracy of the witness. The court evaluates these responses to determine whether the testimony is trustworthy. Cross-examination in this instance helps the court assess the credibility of the witness, ensuring that convictions are based on reliable evidence rather than untested statements.
Mnemonic to Remember Cross-Examination
Mnemonic: “C-H-E-C-K”
- C – Challenge credibility
- H – Highlight inconsistencies
- E – Elicit additional information
- C – Clarify ambiguities
- K – Keep witness accountable
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