Cross examination

Under Section 137 & 138 of the Indian Evidence Act, 1872, the witness (you) has the right to give answers in your own words.

The duty of the court is to record your statement faithfully as it is spoken, not in the lawyer’s interpretation.

Order XVIII Rule 5 of the Code of Civil Procedure (CPC) (for civil matters) and Section 278 CrPC (for criminal matters) require that evidence.

You are entitled to give explanatory answers and not just “Yes” or “No,” especially if a simple answer would be misleading or create contradictions.

The Supreme Court in State of Rajasthan v. Kashi Ram (2006) 12 SCC 254 observed that a witness should not be restricted to monosyllabic answers if explanation is necessary to clarify truth.

Similarly, Delhi High Court in Sudhir Engineering Co. v. Nitco Roadways Ltd., 1995 (34) DRJ held that cross-examination answers must be recorded fully and faithfully in the witness’s own language. and statements be recorded in the words of the witness as far as practicable.

Very well explained and advised, I concur.

The facts posted are less than convincing. It is Judge/Magistrate who records the evidence, but not the (Defence) Advocate.

I have found most of the lawyers from both the parties do record statement of witnesses where Judge is doing his / her other duties in the court and not at all aware qua the statements being made by witness.

Originally posted by : Dr. J C Vashista
	I have found most of the lawyers from both the parties do record statement of witnesses where Judge is doing his / her other duties in the court and not at all aware qua the statements being made by witness.

I have never come across such a pratice/procedure. Moreover, it does not have the sanction of law.

Throughout Punjab & Haryana district courts same practice of recording of evidences is prevelent.