*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.