In Republic of India wherever sizable amount of complaints and cases are filed in civil and criminal courts each day, delay in justice is common as pendency of cases in courts are growing speedily. Examination of witnesses plays a crucial role within the presentation of the proof in an exceedingly court of law no matter civil or criminal case and acceptableness of proof is additionally a crucial facet that has got to be set by the judges solely. Owing to that every case are going to be looked upon clearly and it’ll take lasting to pass the judgment by the court. The examination of witnesses is classified into 3 varieties as outlined underneath ‘Sec: 137’ of ‘Indian proof Act, 1872’ as follows:-
Examination-in-chief means that the examination of witness by the party who calls him shall be referred to as his examination-in-chief.
Cross-Examination means that the examination of witness by the adverse party shall be referred to as his interrogation.
Re-Examination means that the examination of a witness, beyond the interrogation by the party who referred to as him, shall be referred to as his re-examination.
The art of interrogation plays a crucial role within the trial of every case that involves exertions and talent of lawyers whereas providing justice to their purchasers. an ideal professional ought to learn the art of interrogation not by reading newspapers however the flourishing creator learns by doing it, or observation others mate well; by reading trial and deposition transcripts or, better yet, by conducting the examination in person. The lawyer should learn additionally to adapt to explicit witnesses and completely different cases.
The right of interrogation is one in every of the foremost powerful instrumentalities provided lawyers within the conduct of judicial proceeding. One in every of the foremost vital functions of interrogation is to aim to destroy the testimony or the credibleness of the opponent’s witnesses. Justice isn’t served if a witness is unable to speak credibleness to a jury. The look for truth is that the final and idealistic finish of all litigated matter in an exceedingly court trial.
The main object of interrogation is to seek out the reality and detection of falsehood in human testimony. It’s designed either to destroy or weaken the force of proof that is already given by a witness. Interrogation of witness could be a duty of each professional towards his shopper and not a matter of glory and fame. It’s the foremost efficacious take a look at to get the reality and to observe the false statements of the witness. It ought to be remembered that the Justice shouldn’t be defeated by the improper interrogation. one in every of the needs of interrogation is to asking queries relating to what the witness has declared within the Examination-in-chief and therefore the answer is that the reply by the witness to the question place by the advocate.
Often, however, one must pay time with the witness to develop many vital points to counter the impact of the examination. Before initiating an interrogation of any witness, the professional ought to clearly bear in mind those points he or she desires to form thereupon witness. And then, he or she ought to write them down. These points conjointly ought to be mentioned with those that are helping at trial. Patience is that the virtue in interrogation and judges should offer likelihood to each party to Cross-Examine the opposite party’s witness.
A professional ought to use leading queries i.e. “is that correct?” and “isn’t it a fact” etc. at the time of Cross-Examining of the witness as a result of asking solely leading queries is probably the oldest rule of interrogation. Its associate previous rule as a result of it’s a decent one. Leading queries are simplest as a result of the primarily enable the questioner to testify and therefore the witness to formalize. The technique advances one in every of the vital dynamics of the room is management. Asking leading queries permits the questioner to be forceful, fearless, knowledgeable and informative. Sensible factor return from leading queries. Sometimes bear in mind that leading queries can also grow dull. nobody likes to listen to 100 queries in an exceedingly row that finish with, “is that correct?” and every one the queries place throughout the trial of interrogation should be lawful as permissible underneath ‘Sec: 146’ of ‘Indian proof Act, 1872’.
Questions asked throughout the interrogation should be relevant to the problem connected within the facts of the case and indecent & disgraceful queries can even be asked by the advocate at the time of interrogation unless they relate to the very fact in issue. Most significantly queries supposed to insult or gravel ought to be verboten by the court though’ queries looks to be correct.
The court who has authoritative power to determine the case will recall the witness for the interrogation supported the facts and circumstances of the actual case and an outline procedure doesn’t remove the rights of the parties to Cross-Examine whereas each party has got to tend deal within the matter of interrogation. There are sure details which may be thought of as chief heads of the interrogation as follows:-
- To cause the witness to change or amend his proof by questioning concerning his testimony.
- To switch the proof given underneath the Examination-in-chief, by inflicting the witness to talk to supplementary facts to point out the explanations and circumstances.
- To discredit the proof of witness by swing queries connected along with his character.
- From reasons arising out of his proof by inflicting him to relinquish more proof.
- To cause him to relinquish proof to be received as true
Authored by Tanmaya Mall | Edited by Prerna Sharma.