Difference between revisions of "India Criminal Defense Manual - Questioning the Witness"

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The examination of witness by the party who calls him shall be called his Examination - in - chief<ref>Section 137 of The Indian Evidence Act, 1872</ref>. which requires the witness to tell a story. The goal of examination in chief is for the legal aid lawyer to elicit the witness's story in the witness's own words in a manner that will advance the overall theory of the case.
 
The examination of witness by the party who calls him shall be called his Examination - in - chief<ref>Section 137 of The Indian Evidence Act, 1872</ref>. which requires the witness to tell a story. The goal of examination in chief is for the legal aid lawyer to elicit the witness's story in the witness's own words in a manner that will advance the overall theory of the case.
  
== CROSS-EXAMINATION ==
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== Cross=Examination ==
 
   
 
   
 
The examination of a witness by the adverse party shall be called his cross - examination<ref>Section 137 of The Indian Evidence Act, 1872</ref> which is a selective, targeted attack on the prosecutor's theory of the case. It is not simply rehashing the testimony that was developed during the direct examination of the witness. The legal aid lawyer seeks to develop points that will show that the witness's testimony is inconsistent with other testimony or evidence; that the witness is biased against the accused; that the witness has a motive to testify against the accused; that the witness (if he is a co-accused) had the opportunity to commit the crime; that the witness lacks knowledge of the facts and the evidence in the case; and that the witness was unable to see, hear, perceive, and observe the major events in the case.  
 
The examination of a witness by the adverse party shall be called his cross - examination<ref>Section 137 of The Indian Evidence Act, 1872</ref> which is a selective, targeted attack on the prosecutor's theory of the case. It is not simply rehashing the testimony that was developed during the direct examination of the witness. The legal aid lawyer seeks to develop points that will show that the witness's testimony is inconsistent with other testimony or evidence; that the witness is biased against the accused; that the witness has a motive to testify against the accused; that the witness (if he is a co-accused) had the opportunity to commit the crime; that the witness lacks knowledge of the facts and the evidence in the case; and that the witness was unable to see, hear, perceive, and observe the major events in the case.  
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* Was the bar crowded the night that the fight occurred?  
 
* Was the bar crowded the night that the fight occurred?  
  
* Were you still there when the fight ended?  
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* Were you still there when the fight ended?
  
 
== Words never to ise during cross-examination  ==
 
== Words never to ise during cross-examination  ==

Revision as of 13:51, 10 June 2010

  1. Section 137 of The Indian Evidence Act, 1872
  2. Section 137 of The Indian Evidence Act, 1872