ashok kumar (Social Worker) 02 November 2014

Right methodology of recording cross examination?

Right Methodology of Recording Cross Examination?

In a criminal trial the what is the right methodology of recording the cross examination of a witness?

(a) By recording the Questions put to the witness and the answer given by the witness ad verbatim or

(b) Recording the substance of the Questions and answers in a paragraph form

Example of recording as per (a) methodology

Q: In the Chief u have said that u were stabbed from the Back whereas in the Statement to the Police u/s 161 you have said that the accused came from the Front and stabbed you suddenly. What is the correct version?

A: I don’t remember

Example of recording as per (b) methodology

The witness stated that he did not remember whether he was stabbed from Back or Front

To my mind the option (b) is likely to result in aberrations and may prejudice the accused.

Learned members are requested to discuss and comment

Reply Follow

2 Replies

Daksh (Student) 02 November 2014

Dear Mr.Ashok Kumar, The information given to the police gets recorded u/s 161 and the same needs to be corroborated by the police. Otherwise a statement made before the Judicial officer is considered to be sacrosant as he has authority to admiister you the oath. There is a high probability of statement made to the police is under pressure or duress. For the purposes of evidence the things needs to be seen in totality for conducting a trial appropriately. Every party adduces its evidence seperately orally or in writing and the other party gets opportunity to cross examination. I hope this clarifies. Thanks and best regards Daksh

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 14 July 2015

The art of cross examination is most special job and it comes only after practice and long expereince.

The questions must be well reheresed in advance with possible supplementry questions to confuse the witness and get desired answers.

The possible sequence of questions.

1) You made statement to the police just after the incident.

correct and answer will be yes.

2) What was the time gap between the incident and your statement to the police.

the reply will be time days or a week or more.

3) So when you made statement to the police the memory of incident was fresh in your memory.

the answer will be YES.

4) So before the police you have said that you are atacked / stabbed from front.

He will say Yes.

5) Now you have given dipostion in chief which is after how much time from the incident.

the reply will be few months are even years depending upon the factual situation.

6) So you have made false statement in your chief that you are attacked from back.

ALLOW ONLY YES OR NO ANSWER.

if the witness hasitates confrom him with earlier answer.

SUCH SIMILAR QUESTIONS CAN BE EASILY PREAPRED FOR ANY CRIMINAL TRIAL AND THE CREDIBILITY OF THE WITNESS CAN BE EASILY PUT IN DOUBT FIRMLY IN THE MIND AND RECORDS OF THE COURT.