Cross-examination

The other side's witness, tested — and the stage where an unpleaded case dies.

Section 143, Bharatiya Sakshya Adhiniyam, 2023

Witnesses are examined in chief, then cross-examined if the adverse party desires, then re-examined if the party calling them desires. Cross-examination need not be confined to the facts spoken to in chief.

It must contain

01Your case, put to the witness. What is never put is taken as never disputed.
02Questions on relevant facts — but not limited to what the witness said in chief.
03A purpose for each line: to contradict, to test credit, or to elicit something the witness alone can give.
04Re-examination kept in view: it is directed to explaining matters raised in cross, and new matter needs the court's permission.

Where it fails

Not putting your case, and arguing at final hearing something no witness was ever asked about.
Cross-examining at length on matters that do not touch an issue.
Opening a door in cross that lets in evidence the witness could not otherwise have given.

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