Practical Hints on Cross Examination

Cross-examination can make or destroy a case. It is the Keystone to a successful trial. In law, cross-examination is the interrogation of a witness called by one's opponent. The purpose of cross examination is not simply to attack an adversary, but to strengthen one's own case. 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 witness had the means and ability to ascertain the facts which he testifies, then his memory, his motives, everything may be scrutinized by the cross-examination.

In cross-examination a great latitude is allowed in the mode of putting questions, and the Counsel may put leading questions. The object of cross-examination is to check the credibility of the witness. It is one of the principle tests which the law has devised for the ascertainment of the truth and it is certainly one of the most efficacious. By this means the situation of the witness, with respect to the parties and the object of Litigation, his interest, his motives, his inclinations and his prejudice, his means of obtaining a correct and certain knowledge of the facts to which he testifies, the manner in which he has used those means, his powers of discerning the facts in the first instance, and of his capacity in retaining then are fully investigated and ascertained.

It is well settled that cross-examination is commonly esteemed the severest test of in advocate's skill and perhaps it demands beyond any other of his duties the exercise of ingenuity. There is a great difficulty in conducting cross-examination with credible skill. It is undoubtedly a great intellectual effort; it is the direct conflict of mind with mind; it demands not merely much knowledge of the human mind, it faculties and their modus operandi to be learned only by reading, reflection and observation but much experience of a man and his motives derived from intercourse with various classes and many persons and above all by that practical experience in the art of dealing with witnesses which is worth more than all other knowledge, which will materially assist but without which no amount of study will suffice to accomplish by a Advocate.

Under Indian Law the provisions of cross-examination have been provided under the Indian Evidence Act, 1872 under Section 135 to Section 165 complete in all aspects.

The instant book in hand titled "Practical Hints on Cross Examination" needs no introduction as it is considered as a masterpiece exposition on this intricate field of law. The present revised edition is divided into 93 Chapters for providing a clear picture on the subject. The revising author have left no stone untouched to make the book a treasure house of knowledge on the subject in context of updation of amendments and judicial pronouncement of the Courts in India, England and America.

The updated edition is anointed with detailed contents table of cases and an exhaustive subject index to provide ease to the over burdened reader. It is with hope and positive expectations that this revised edition would be well received by the Bench, Bar and all those who are concerned with this branch of law.