cross-examination

A witness is first examined-in-chief, then cross-examined if the adverse party wishes, then re-examined if the party calling him wishes (ss.142 and 143 BSA, old ss.137 and 138 Evidence Act). Cross-examination must relate to relevant facts but need not be confined to what the witness said in chief. Leading questions are allowed (s.146, old s.143).

Its purposes are to test the truth and accuracy of the evidence, to bring out facts favourable to the cross-examiner, and to impeach the witness's credit. A party who wants to contradict a witness or suggest he is lying should put that case to him in cross-examination; failing to cross-examine on a point may be treated as accepting it. Statements made to police during investigation may be used only to contradict the witness.

Example

Defence counsel used cross-examination to confront the eyewitness with his earlier statement that he arrived after the stabbing.

In Indian law

• Sections 142, 143 and 146, Bharatiya Sakshya Adhiniyam, 2023 (old ss.137, 138 and 143, Evidence Act)
• Browne v. Dunn (House of Lords, 1893): a party must put its contrary case to the witness in cross-examination

See also

examination-in-chief · re-examination · leading question · hostile witness

Read more in the study notes

• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
• Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)