Cross-examination is the process of interrogation of a witness called by one's opponent. A lawyer has the right to cross-examine a witness. It is a fact that a huge number of civil and criminal cases are pending in court due to the delayed procedure of the judicial system. The cross-examination of witnesses had a crucial role in the presentation of evidence in the court of law irrespective of the civil or criminal case. And the evidence must be accepted by the judge.
Cross-Examination is treated as an art of a lawyer. The successful cross-examination makes a lawyer complete. Justice is provided to the clients through successful cross-examination during the trial of each case. It constitutes the talent and hard work of the lawyers. Through cross-examination, the credibility of the witness can be found out.
To find out the truth and lie in testimony, cross-examination is effective. Also, the power of evidence can be strengthened or weakened depending on how cross-examination is conducted. It is very important that justice not be denied because of improper cross-examination.
The motivation behind Cross-Examination incorporates posing inquiries about what the witness has expressed in the Examination-in-chief and the answer by the witness to the inquiry put by the advocate. The attorney should obviously go through those points which they wish to ask prior to starting Cross-Examination of the witness. After that, these points are recorded. These points can be talked about with the individuals who are supporting them in the trial.
During the time of cross-examination, it is a regular procedure to ask leading questions such as Is that correct? or Isn’t it a fact, etc. These questions will allow the witness to prove the credibility and Cross-Examiner to testify. The questions should be asked as per Sec 146 of the Indian Evidence Act in 1872. In every cross-examination, the clients must be provided with a fair deal and their rights must be protected.