What is the object of cross-examination?

Question: What is the object of cross-examination? [U.P.C.J. 1987, HR.J.S. 1998, U.P.A.P.O. 1994, W.B.J.S. 1997, Bihar J.S. 1977]

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Answer

The objects of cross-examination are to impeach the accuracy, credibility, and general value of the evidence given in chief; to sift the facts already stated by the witness, to detect and expose discrepancies, or to elicit suppressed facts that will support the case of the cross-examining party.

Cross-examination is not the only method of demolishing a witness. The court may discard a testimony if it is not believable even if the witness has not been cross-examined as it was clarified in Juwar Singh v State of MP, AIR 1981 SC 373.

The Hon’ble Supreme Court in the same case observed that: “Where the facts are in dispute, such cases, generally speaking, are proved by human testimony. The value of that testimony depends on the honesty of the witness, his means of knowledge, his memory, his intelligence and his impartiality. Every question is relevant which goes to indicate the presence or absence of these qualities or any of them.

The object of cross-examination may be described as three-fold. First, to elicit from an adverse witness something in your favour; second, to destroy or weaken the force of what the witness has said against you, and third, to show from the present attitude of the witness or from his past experience that he is unworthy of belief in whole or in part.”

The trend of the cross-examination is in most cases determined by the line of narrative unfolded in the examination-in-chief. It is usual to take each important item so deposed to and to cross-examine the witness upon it. Its purpose is two-fold. First of all, the cross-examiner tries to discover if the story told by the witness in examination-in-chief is tainted by exaggerations or falsehoods. Second, the adverse party can in some cases, construct his line of defence from out of the mouth of the witness.

The exercise of the right to cross-examine is justly regarded as one of the most efficacious tests which the law has devised for the discovery of truth. By means of it, the situation of the witness with respect to the parties and to the subject of litigation, his interest, his motives, his inclination and prejudices, his character, his means of obtaining a correct and certain knowledge of the facts to which he bears testimony, the manner in which he has used those means, his powers of discernment, memory, and description, are all fully investigated, ascertained, and submitted to the consideration of the jury, who have an opportunity of observing his demeanour, and of determining the just value of his testimony.

It is not easy for a witness, subject to this test, to impose on a Court or jury, for however artful the fabrication of falsehood may be, it cannot embrace all the circumstances to which cross-examination may be extended.

The essence of cross-examination is that it is the interrogation by the advocate of one party of a witness called by his adversary with the object either to obtain from such witness admissions favourable to his cause or to discredit him. Cross-examination is the most effective of all means for extracting truth and exposing falsehood.

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