Art of cross examination in india. Note on Cross Examination 2019-01-10

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Indian Evidence Act

art of cross examination in india

Thirdly, a cross examination is like a legal minefield. The exercise of the right of cross-examination is justly regarded as one of the most efficacious tests which the law has devised for the discovery of truth {Taylor 12th edition S. And we have given him notice to registration of the property. In court, when that witness appears and gives statement is termed as prosecution witness. Asking leading questions allows the Cross-Examiner to be forceful, fearless, knowledgeable and informative.

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Art of Cross Examination in Court

art of cross examination in india

This is a great wisdom of our legal system. This is surprising because cases are actually won or lost on the fruits of direct examination. Omission or contradiction are highlighted at the time of cross —examination only by the cross —examine lawyer. For that matter, those document on which the civil claim is based has to be produced by the party claiming it. Assuming Facts not in Evidence: Such questions where the facts brought before the witness have not been proved or testified in the proceeding. Choate in the Celebrated Breach of Promise Case, Martinez v. There are other legal provision of the Indian Evidence Act which are applicable here and are referred to in the later part of the project.


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LEXSPEAK....: THE ART OF CROSS EXAMINATION

art of cross examination in india

Section 137 of the Indian Evidence Act defines the term Examination in Chief. It requires oneself to hone his or her skills in the difficult area of cross-examination. Only if the rules of cross-examination are adequately publicised, then the misuse may become less. Seventhly, a cross-examination is like a battle of control. The Use of Documents to Refresh Recollection. The Section reads as follows. In the present second article in the series, the author intends to introduce the readers to certain diverse approaches to study of cross examination.

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The Art of Cross

art of cross examination in india

No Foundation: When the question is raised by the counsel lacks authenticity or source, this could be due to inadmissible evidence also. Inexperienced lawyers, at times think, the longer the cross-examination, the better it is for their client. And Babylon was ruled by a council of four old men, like our Panchayat system of today but each of these four old men was a lecherous guy, and they tried to seduce this woman. Keeping Section 5 of the Act, a Judge may ask the party proposing to give evidence of any fact in what manner the alleged fact will be relevent if proved. Further the chapter also deals with how the evidence is presented and witnesses lay their testimony in the court as well as the powers of the judges in such matters.

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LEXSPEAK....: THE ART OF CROSS EXAMINATION

art of cross examination in india

Questions to cross examine a witness varies from case to case and man to man. A good cross-examiner must understand that cross-examination is a double-edged weapon. The non-expert witness must speak from personal knowledge. Then, the facts which are admitted by the both the parties need not be proved because they are known as admitted facts. Effective examination in chief builds on a solid case foundation, and establishes client credibility and judge empathy.

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The Art of Cross

art of cross examination in india

A cross-examination cannot be treated as a normal regular activity. Cross examination needs humour, imagination, confidence, your bearing self control and patience. However, if a witness looks good, the cross-examiner looks bad. Thus, cross-examination must be done in a manner which is safe for the client. Crawling on the belly is the only method by which the snake can move! One is to demolish your false witness. To say, if a man comes to report to a court that he has seen A killing B by shooting with revolver at evening on a particular date. The answers may contain the favorable testimony that you are seeking to obtain in the crossexamination.


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THE ART AND PLAN OF CROSS

art of cross examination in india

Such questions can be asked even if the answer might tend to directly or indirectly incriminate the witness or expose him to a penalty or forfeiture. Remember the purpose of crossexamination—you are trying to obtain favorable testimony so it can be used in your closing argument. In order to understand this process we need to look at it from many angles. There must be a repetition of things which are necessary. The trial lawyer must learn as well to adapt to particular witnesses and different cases. In 5th year, I made WritingLaw.

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THE ART AND PLAN OF CROSS

art of cross examination in india

In civil cases, the advocate or counsel narrates the facts of the case and this is known as the opening of the peading. A cross-examination needs extensive and comprehensive preparation. The underlying premise for this axiom is that a witness may make more mistakes if the cross-examination is longer. Some would say do not ask the question unless you are certain you know the answer. Kapoor, I am a reader of your posts. Examination in Chief is also known as Direct Examination.

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