Law in 100 Words | Part 1 | Confronting a witness with documents during cross-examination

*Law in 100 Words – important legal/litigation concepts/procedures/practices explained simply and in less than 100 words. 

We kick-off this column with a very important subject : Confronting a witness with documents during cross-examination

Here goes:

An element of ‘surprise’ is essential to a successful cross examination. To impeach the credibility of a witness or to expose inconsistencies/falsehood, a witness, during cross examination, can be confronted with a document. Such documents are not required to be filed with the plaint or the written statement and can be shown to the witness for the first time during cross examination. Contrary to popular misconception, such confrontation material is not limited to a witness’ previous statements but can include other material also; material which the witness is expected to know/be able to explain/comment on. 

From the desk of Bharat Chugh

Further readings/Sources:

  1. Surinder Kumar Bajaj vs Sheela Rani Pasricha, 2009 SCC Online Del 3855
  2. Subash Chander v. Bhagwan Yadav, 2010 (114) DRJ 306
  3. Section 160-162 of CrPC.
  4. Section 145 of IEA.

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Comments (

9

)

  1. SR AGARWAL

    Respected Sir,I admire yr 💯 words law Explainer series,which is very Helpful for layman like me.I easily understood the instant witness cross-examination. *”Aude aliquid dignum” (16th century Latin: “Dare something worthy”).SIR,you always Dare Sometime Worthy ! Sir,Keep making waves !Kind Regards/ SR

    Like

  2. Girja Shankar Sharma

    Good fine tuning of cross examination.
    Would you please enlighten me on the following:

    Being in government service, one need to join certain joint inspection proceedings which is conducted by several officers from various streams – technical and non technical and every one signs the joint report. Whether, during trial, a non technical prosecution witness can be asked high tech questions pertaining to the case only because he is signatory to the joint report? If so, what should be his reply?

    Like

  3. Gurkamal Singh

    Great step forward. Surprise element should be there.

    Like

  4. lawdiggers

    Great work Sir.
    Please continue with this kind of research.

    Like

  5. Akash Awana

    Reallly great initiative for the young lawyers to learn from the best. Thank you sir 🙏🏼 Keep postin.

    Like

  6. Vineeth

    Sir,
    Please explain some cross examinatin techniques like pigeon hole technique etc..

    Like

  7. Tabrez Azam

    Respected sir, It is really a very helpful initiative for the lawyers who have just started their career, i admire your way of teaching the students like us who are not even in touch with you or the young lawyers who are unable to have a direct communication with you,much appreciated. Thanks

    Like

  8. Rudra pratap singh

    Thanks for your kind efforts and insights.

    Like

  9. Varun Bharda

    Great Clarity of thought.

    Like

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