The aim of examining a witness is to find out the truth and detection of the lie in the testimony. It is used to either abolish or weaken the power of evidence which is already anticipated by a witness. It is the duty of a lawyer toward his client to do a better cross-examination it is not a matter of glory and fame. Cross-examination is the best way to discover the truth and to find out the false statements of the witness. It is important to remember that Justice should not be denied by improper Cross-examination. Any Kind of Examination of witnesses plays an important role in the presentation of the evidence in a court of law irrespective of the civil or criminal case, and admissibility of evidence it is also an important aspect which has to be decided by the judges only. For which each case will be looked upon clearly and it will take a long time to pass the judgment by the court.
Earlier in initiating a Cross-examination of any witness, the lawyer should clearly bear in mind those points he or she wishes to make with that witness. Afterward, he or she should write them down. The subject matter also should be discussed with those who are assisting at trial. Composure is the virtue in Cross-examination and judges must give chance to every party to cross-examine the other party’s witness.
Lawyers in India should use leading questions i.e. is that correct? and isn’t it a fact etc. at the time of cross-examining of the witness because asking only leading questions is perhaps the oldest rule of Cross-examination? That is an ancient rule because it is a good one. Leading questions are most effective because they essentially allow the cross-examine to testify and the witness to ratify. The deftness advances one of the important dynamics of the courtroom is control. Asking leading questions allow the Cross-examiner to be forceful, fearless, knowledgeable and informative. Good thing comes from leading questions. As a rule, be aware that leading questions also can grow tiresome. Nobody likes to hear a hundred questions in a row that end with is that correct? whole the questions put during the trial of Cross-examination must be lawful as permitted under Section 146 of the Indian Evidence Act, 1872.
Some important points to be considered in the cross-examinations are to find the cause which made the witness to alter or amend his evidence, to modify the evidence given under the chief examiner, by causing the witness to speak about the additional facts to show the reasons and circumstances, causing witnesses to give further evidence from reasons arising out of his evidence.