EXAMINATION IN CHIEF First examination of the witness. Questions put to him by the lawyer for the side which has summoned him.
STATE VERSUS A In criminal cases the act committed by an individual or a group, the State becomes a party instead of the aggrieved person and starts the criminal prosecution. The effect of the questions and answers is recorded indirectly and not in the form of question & answers.
CROSS EXAMINATION Witness is questioned bythe lawyer of opposite party(defence lawyer).
The main objects are: To elicit facts favourable to his case To test the accuracy of the statements made by the witness To modify or explain what has been said To develop new or old facts To discredit the witness To remove any undue or excessive emphasis which may have been given to any of them
By doing this, the lawyer may try to weaken the evidence by showing that the evidence given is inconsistent, inaccurate, ill-founded, contradictory & untrustworthy. The cross-examination need not be confined to the facts to which the witness testified in his chief examination. The witness may be asked question on the bias, his previous conviction, his reputation for truthfulness may have which would affect the reliability of his evidence.
Objection to testimony: when a question is asked to the witness, the opposing lawyer may say “I object” & give his reason for the same. The witness should not answer the question until the Court gives a ruling on the objection. If the Judge says “Objection overruled”, the answer has to be given