What is cross-examination of a witness?

1. Cross-examination consists in interrogating the opposing party’s witness who has already testified (i.e. direct examination). It may be followed by a re-direct examination. 1. The scope of cross-examination is checking or discrediting the witness’s testimony, knowledge, or credibility.

Can affidavit be cross examined?

Thus, affidavit could be the oral testimony or statement on oath of a person. that the Deponent is available for cross-examination.” Sec. 30(c) of CPC provides that the court may at any time, either of its own motion or on the application of any party, order any fact to be proved by affidavits.

Who is allowed to cross examined witnesses?

When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.

What kind of questions do you ask in a cross-examination?

Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a “yes” or “no” (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is …

What are the stages in examination of a witness?

Examination of a witness There are three stages in which witnesses are examined, these are examination in chief, cross examination, re examination under Section137 of Evidence Act. While Section 138 of Evidence Act gives an order of examination in chief, cross examination, re examination.

What are the rules of cross-examination?

Every party has a right to cross-examine a witness produced by his antagonist, in order to test whether the witness has the knowledge of the things he testifies and if, is found that the witness had the means and ability to ascertain the facts about which he testifies, then his memory, his motives, everything may be …

What is the next step after cross-examination?

After the cross-examination if the prosecution has some queries then he asks the question from the witness that is called re-examination. The court will examine the witnesses and complainant in the examination of witnesses in warrant trial on the same day after decide any offence is made against the accused or not.

What questions Cannot be asked in cross-examination?

Section 142 does not mention asking leading questions during cross-examination. But, Section 143 states that leading questions can be asked even in cross-examination. Leading questions cannot be asked in examination-in-chief, cross-examination, or re-examination only if objected by the other party.

Can a witness refuse to be cross-examined?

Do victims have a right to refuse to be cross-examined by a person who caused them pain and trauma? The United States Supreme Court has found that criminal defendants have a right to proceed pro se, and are entitled to cross-examine witnesses when they do so. However, this right is not absolute.

What are the 5 types of witnesses?

These include eyewitnesses, expert witnesses, and character witnesses.

• Eye Witnesses. Eye witness testimony provides strong evidence in a criminal trial.
• Expert Witnesses.
• Character Witnesses.

Why is cross examination important in the examination of a witness?

Cross examination is very important in the examination of witnesses, due to the cross-examination many facts get clear because in the cross-examination defendant analyse all the statements of the witnesses then asks cross question related to the statement which was given by the witnesses in the examination in chief.

Can a defendant defer cross examination of a witness?

The accused has no right for deferring cross-examination of prosecution witnesses in a wholesale way on the plea that otherwise the prosecution may take the chance of filling up the lacuna in its case that may be disclosed during cross-examination. ( Para 21)

What happens after cross examination in warrant trial?

After the cross-examination if the prosecution has some queries then he asks the question from the witness that is called re-examination. The court will examine the witnesses and complainant in the examination of witnesses in warrant trial on the same day after decide any offence is made against the accused or not.

What is the procedure for examination of witnesses?

Procedure for the examination of the witnesses is laid down under the Indian Evidence Act. Section 166 of the Indian Evidence Act describes or lays down the procedure for the examination of witnesses. And the procedure for examination of witnesses is explained with the help of different relevant sections of the Indian Evidence Act.