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Gaurav (Student)     10 June 2025

Cross examination of a witness

Learned Sirs,

Can a Witness while being cross examined keep his evidence and other material and read from it and answer to questions when being Cross examined? or will he have to stand empty handed only on the Box.

Please let me know. Reason being the Witness is now suffering from slight memory loss 



 5 Replies

R.K Nanda (Advocate)     10 June 2025

Witness can't keep written evidence to reply during cross examination .

 

ilonamosh (https://testomat.io/blog/bug-vs-defect-difference-with-definition-examples-within-software-testing/)     10 June 2025

Gaurav (Student)     10 June 2025

How about 

Section 159 in The Indian Evidence Act, 1872

T. Kalaiselvan, Advocate (Advocate)     10 June 2025

If a witness is asked about certain contents of the exhibited documents then he can demand the documents to verify and confirm the reply, he can read them and express his answer accordingly.

He may not be permitted to have any document in hand to reply during cross examination when he is required to let know the court about his knowledge about the case.

He may express that he doesn't remember which may not draw adverse inference.

Dr. J C Vashista (Advocate )     11 June 2025

No document can be referred except with the permission of Court to refresh memory of the witness.

What is advise of your professor / tutor / coach ?


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