Cross-examination is a vital part of the judicial process in both civil and criminal trials. It refers to the process where the opposing party questions a witness who has already been examined by the party calling the witness. The primary purpose is to test the truthfulness, credibility, and reliability of the witness and the evidence provided.
Meaning and Definition of Cross-Examination
Cross-examination is defined under Section 137 and Section 138 of the Indian Evidence Act, 1872. It occurs after the examination-in-chief and is followed, if necessary, by re-examination.
- Section 137 (Indian Evidence Act): Defines cross-examination as the questioning of a witness by the adverse party.
- Section 138 (Indian Evidence Act): Explains the order of examinations: examination-in-chief, cross-examination, and then re-examination.
Objectives of Cross-Examination
- To test the accuracy and truthfulness of the statements made by the witness.
- To expose any inconsistencies or contradictions in the testimony.
- To find facts favorable to the cross-examiner’s case.
- To discredit or impeach the witness by showing bias, interest, or previous inconsistent statements.
Legal Provisions and Procedural Aspects
Relevant Sections from the Indian Evidence Act, 1872
- Section 146: Allows questions that may test the veracity of a witness or shake their credit.
- Section 155: Talks about impeaching the credit of a witness.
- Section 139: States that a witness summoned merely to produce a document cannot be cross-examined unless they are called as a witness.
Key Features
- It must relate to the relevant facts but can extend to credibility-related questions.
- Leading questions are generally allowed during cross-examination.
- Hostile witnesses can be cross-examined by the party who called them (with the court’s permission).
Important Case Laws on Cross-Examination
- State of Rajasthan v. Ani, AIR 1997 SC 1023
The Supreme Court held that failure to cross-examine a witness on a material point is deemed as acceptance of their statement. - Sat Paul v. Delhi Administration, AIR 1976 SC 294
A hostile witness’s evidence is not automatically discarded and can be considered to the extent it is credible. - Sharad Birdhichand Sarda v. State of Maharashtra, AIR 1984 SC 1622
Reiterated the significance of cross-examination in testing the prosecution’s theory.
Techniques Used in Cross-Examination
- Use of leading questions to guide the witness.
- Asking short and specific questions to maintain control over the narrative.
- Highlighting inconsistencies in previous statements or depositions.
- Challenging the perception, memory, and bias of the witness.
- Using documentary evidence to confront the witness.
Limitations of Cross-Examination
- Cannot be used to harass or insult the witness.
- Irrelevant or offensive questions may be disallowed by the judge.
- Misuse can backfire and strengthen the opponent’s case.