CROSS-EXAMINATION PROJECT

Cross-Examination: Definition

The Merriam-Webster dictionary defines cross-examination as -: the

examination of a witness who has already testified in order to check or discredit
the witness's testimony, knowledge, or credibility.
The questioning of a witness or party during a trial, hearing, or deposition by th
e party opposing the one who asked the person to testify in order to evaluate the 
truth of that person's testimony, to develop the testimony further, or to accompli
sh any other objective. The interrogation of a witness or party by the party oppo
sed to the one who called the witness or party, upon a subject raised during dire
ct examination—the initial questioning of a witness or party—on the merits of t
hat testimony.
The scope of cross-examination is generally restricted to matters covered during 
direct examination
Cross-examination is an important tool during a legal tussle in a court of
competent jurisdiction owing to the fact that it is one of the viable means
through which the truth can be separated from falsehood. Cross-examination is
more than the simple process of fielding a witness questions. To become more
familiar with it, we should consider the subject from different angles.
Cross-examination is the process whereby a party who appears in court asks the
opposing witness’ party questions to ascertain the veracity of his claims. This
are questions that a lawyer directs to a witness of an opposing party with the
intention of getting privileged information from such witness.

Purpose of Cross-Examination
Cross-examination has evolved over the years due to experiences acquired
during court proceedings which have spanned through centuries.
If a man approaches the court to say that he witnessed a shooting on a spot and
date; and that led to the loss of two lives. How will the court believe the report?
It is possible he may be saying the truth, be reminded it could as well be false
claims.
A witness can make false claims due to jealousy or enmity against the other
party. Therefore, the court can only accept his claims if he passes the cross-
examination were the truth will be revealed.
Cross-examination will help the prosecuting counsel to obtain evidence that will
aid him in the case and will also avail him of the opportunity of asking
questions on already provided evidence(s) to ascertain its viability.

What is a Leading Question?

A question that suggests an answer which the person directing it intends to hear
is called a leading question. Therefore, a leading question provides an answer.
During cross-examination, you may ask questions like “your mother’s name is
Jenny” Right? The only possible answer can either be a “yes” or “no” of which
you have known it is a “yes”.
 A ‘leading Question’ is one suggesting the answer which the person asking it
wishes to receive from a witness. According to Section 141, Evidence Act, “any
questing suggesting the answer which the person putting wishes or expects to
receive is called a leading question.”
Under section 142 leading questions must not be asked in examination-in-chief,
or in re-examination or objected by the adverse party. It may be asked in the
examination-in-chief of a witness with the permission of the court. But it can be
asked if permitted by the court as to matter which are introductory or which are
undisputed or which in the opinion of the court have already been sufficiently
proved.
Section 143 lays down that the leading questions may be put in cross-
examination. No leading question is allowed in cross- examination where the
facts have already been proved or admitted by the party.

Central Government Act on Cross-Examination

Section 154 in the Indian Evidence Act of 1872 –provides the order to which a
party questions his own witness: (1) “the court may, in its discretion, permit the
person who calls a witness to put any question to him which might be put in
cross-examination by the adverse”. (2) “Nothing in this section shall disentitle
the person so permitted under subsection (1), to rely on any part of the evidence
of such witness.”
 
Section 138 of the Indian Evidence Act 1872 – provides the process in which
the cross-examination of a witness can be conducted. The act states that a
witness must first be examined in chief before being cross-examined then can
possibly be re-examined.
 
Section 138 of the Indian Evidence Act 1872 – this provides that cross-
examination and examination in chief must coincide with relevant facts. This
implies that cross-examination must be confined to the testimonies of the
witness during his examination in chief.
 
Section 139 of the Indian Evidence Act 1872 – the act stipulates that a person
that is summoned to appear before the court just to produce documents is not a
witness by producing the documents and should not be cross-examined except
he is asked to appear as a witness.
Preparation for Cross-Examination
The defense lawyer must prepare himself adequately for the upcoming cross-
examination. He should read the information contained in police reports,
seizure memo, FIR, and police statements. He must know everything about the
offense of the accused is said to have committed. This preparation will enable
him to point out any omission or contradiction that had existed during the
examination in chief. It must be noted that if a defence lawyer does not call out
the omission and contradiction observed during the cross-examination period,
he will not be permitted to point it out in the future trial.
Differences between examination-in-chief and cross-examination
With examination in chief the witness is allowed to tell their side of the story. In
cross-examination you do not want the witness to tell the story. You indicate the
point you wish to make and put it to the witness. Leading questions therefore
are used in cross-examination. Leading questions provide for effective cross-
examination because the facts are supplied by the advocate instead of the
witness and the advocate has most of the control in order to get to the point they
want to make. During cross-examination you do not want a witness to tell their
story, you want them to verify the particular matters that you put to them.

Types of Cross-Examination
In general, there are two types of cross-examination: supportive cross-
examination, and discrediting cross-examination.
Supportive Cross-Examination
Supportive cross-examination involves asking questions in an attempt to have
the witness provide information that supports the cross-examiner’s case. This
type of questioning is not intended to attack the witness, or to discredit his
testimony, but to obtain information that fills in the gaps in his testimony under
direct examination, or to obtain some type of admission. During supportive
cross-examination, the attorney is attempting to show the judge or jury that the
opposing party’s own witness lends credibility to the case.

Discrediting Cross-Examination
Discrediting cross-examination attempts to bring doubt on the witness’
testimony of facts. This may be done by showing that the witness’ testimony
does not make fit in with what other witnesses and evidence say, or that it does
not make common sense.
A witness’ testimony may be discredited through discrediting cross-examination
by showing any of the following:
The witness is unable to understand the obligation to tell the truth in court
The witness has some problem of perception
The witness is unable to effectively communicate his testimony
The witness has a faulty memory
The witness is biased, or has an interest in a particular outcome in the trial
The witness has some motive to lie on the stand, such as if he has been
threatened or bribed
The witness has made prior statements that are inconsistent with one another, or
with his current testimony
The witness has prior criminal convictions that may affect his testimony or
believability