Cross-examination under the Indian Evidence Act

August 5, 2023

Here are some key points related to cross-examination under the Indian Evidence Act:

  1. Right to Cross-Examination: The Indian Evidence Act establishes the right of cross-examination. It states that the adverse party (the party against whom the witness is giving evidence) has the right to cross-examine the witness.
  2. Scope of Cross-Examination: The scope of cross-examination is not confined to the matters discussed during the examination-in-chief. The cross-examiner can ask questions on any relevant fact, including those that were not touched upon during the initial examination.
  3. Leading Questions: Unlike during examination-in-chief, leading questions (questions that suggest the answer) are allowed during cross-examination. However, the court may exercise discretion and allow or disallow leading questions based on the circumstances of the case.
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