Cross Examination of a witness in Court is one of the most important aspects of litigation , rather it is everything. In simple words for example when you file a case say in a civil suit , you are the plaintiff so when the stage of examination of witness comes then you will have to first submit your evidence by way of affidavit and then you will be Cross-examined .
Understanding Examination in Chief of a witness
Once you file your examination in chief and exhibit documents you have deposed before the Hon’ble Court and all that you have mentioned in the examination in chief will be your version of the case. So you will have to be very careful what you state in your examination in chief .
Cross Examination of a witness in Court
Once you have deposed in court as a witness now your turn comes to be cross examined by the opposite counsel/lawyer. This is very crucial because here you will be grilled.
Refer to this for proper understanding how a question should be asked rather it should be statement that should be asked.
How one should ask questions to a witness in Cross examination
Always ask close ended questions which means ask questions the answer to which is already known for example
You went to school yesterday is that correct?
Answer is obviously a Yes of a No so in this way you can get things out without giving the witness to explain anything . Because a witness will always try to find a way to give his side of the story to save himself in case he has already made a mistake elsewhere.
Contradictions in Cross Examination of a witness in Court
Now here when you ask him a question about a fact and he says something and while he has already stated something else in the plaint or any other application or document you can catch him and tell him that see you have said something there and now you are saying something else . Now you tell him which one is correct what you have just stated or what is written here. This is make him nervous and will prompt him to say something which will be another contradiction so you can easily elicit the truth from him.
Effective Cross examination requires these 5 essential qualities
- Most important is you should know your goals as to what exactly what you want from the witness.
- You should always go through those statements that the witness has stated elsewhere
- Listen more and then put your questions even though you have prepared your questions which means sometimes while you are cross examining the witness the witness might say things that were unexpected which gives you more opportunity
- Finally the aim is to elicit the truth which will surely be at your hands when you have learnt the above arts.
Conclusion on Cross Examination of a witness in Court
Always be very prepared before you cross examine a witness. For more information on Cross Examination of a witness in Court
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Also you may call at 9873628941 for any query. Also before you cross examine go through the Bharatiya Sakshya Adhiniyam, 2023 (BSA) erstwhile the Indian Evidence Act.