One day lecture on ‘The art of examination & cross examination in Civil and Criminal matter’ organized by Nagaland State Legal Services Authority in collaboration with High Court Bar Association, Kohima and Kohima Bar Association was held on May 6 at the Bar room, Gauhati High Court, Kohima Bench.
While delivering the presentation, Judge of Gauhati High Court and Executive Chairman, NSLSA Justice Kalyan Rai Surana observed that examination and cross-examination in both criminal and civil matters is one of the most difficult and most complex skills for an advocate while adding that talent to cross-examine is a rare commodity which can only be mastered through years of practice, thorough reading among others.
Apart from keeping fair idea of the provisions of law especially the Chapter X of Evidence Act or Chapter X of Bharatiya Sakshya Adhiniyam, 2023, Justice Surana said it is important to be attentive in court proceeding.
The judge took the attendance on the aims and objective of cross examination and noting that these processes and procedures in legal matters are undertaken to dispute the validity and accuracy of the testimony; challenge the credibility of the witness and uses witness to strengthen claim made by one of witnesses; impeach credibility of other side’s witnesses; introduce your narrative to the Court; change the opinion to reduce its effect or establish the credibility of your expert.
He added that while the scope of cross-examination is very wide, the same be limited only to the core controversy involved in a case and some questions in relation to the credibility of the witness are also permissible.
Justice Surana highlighted that cross-examination may either be constructive or destructive and sometime there are scenarios wherein one may have to adopt both approaches but called to be extremely careful in such a situation.
Download Nagaland Tribune app on Google Play
Giving tips for cross examinations, he pointed out that extracting truth from an unwilling witness is a great art and that itself requires introspection. He advised that cross-examination should not be conducted with fixed expectations as it cannot be ascertained as to what path it would follow.
“Similarly, it would not be a good idea to anticipate the persuasiveness of the cross-examination on the judges or tribunals. However, if cross is prepared thoroughly and if there is a clear purpose behind every question, then the results may be fruitful,” Justice Surana said.
The judge said case is unique and cannot follow a fixed straight jacket formula and what works will depend on various factors and approaches.
He advised lawyers to invest double the time one thinks will need for preparation of cross-examination.
“One must always bear in mind that irrespective of what approach is to be adopted, simplicity, politeness, clarity and confidence will enhance the impact of cross-examination. At times, the effectiveness of good cross-examination may get reduced if the judge or tribunal gets an impression that the witness is being bullied or receiving impolite treatment,” he further added.
Justice Surana also gave some tips to exercise and keep in mind during cross examination.
A question & answer session was held in the presence of Judge, Gauhati High Court, Justice Sanjeev Kumar Sharma.
CT Jamir, Sr Advocate & President, High Court Bar Association delivered the Introductory Note and Neiko Akami (NJS), Member Secretary, NSLSA gave the welcome Address. Nagali Shohe, Assistant Secretary, Kohima Bar Association chaired the sessions and A. Zho, Senior Advocate pronounced the invocation.
