রবিবার, ২৯শে নভেম্বর, ২০২০ খ্রিস্টাব্দ || ১৪ই অগ্রহায়ণ, ১৪২৭ বঙ্গাব্দ || ১৫ই রবিউস সানি, ১৪৪২ হিজরি

The Art of cross-examination

The Art of cross-examination
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Cross_examination should be called the art of legal profession. A dignified lawyer can be known by his/her skillful quality of cross-examination. The matter has come from the Evidence Act 1972 from chapter 10, section 135 to 166. In section 3 of the Evidence act provided the definition that what the evidence is. In section 3 of Evidence Act are stated about interpretation clause, here Evidence means and including:

1) all statement which the court permits or requires to be made before it by witness, in relation to matters of fact under inquiry:

such statement in called oral evidence :

1) all documents produced for the inspector of all court :
such documents are called documentary evidence.

Though there has definition of the evidence in clear view but more crystallizes are provided in chapter 10 section 135-166 in the Evidence Act.
In section 137 here said about examination in chief – The examination of witness by the party who calls him shall be called his examination in chief.
Cross examination – the examination by the witness by the adverse party shall be called cross-examination.

Re-examination- The examination of a witness, subsequent to the cross examination by the party who called him. shall be called his re- examination.

Now as we know law stands for theoretical term but in practical way to utilize the sequel a lawyer should go through effective question during cross-examine. Here is some tips of cross-examine, namely-

*During cross-examine lawyer should keep the question short to ask the witness.
*The question must be in pattern that witness shall have bound to answer it in yes or no. What should called qualified question for cross-examine.
*A lawyer should avoid asking any question or make atmosphere during cross examine. The question must be the question which is related to the fact of very case.
*The question must be in support of case that the learned Judge can’t able to find anything that wasting the valuable time of the court.
*A lawyer must have to conscious that to not give the witness a chance to express his opinion on issue of the case, which can bring out the case from the lawyers hand.
*It should be avoid to ask a question during cross-examine, the answer of it is not familiar to the lawyer by himself. Simple what he didn’t know.
*Cross-examination is a science as well as law also, So it demand understanding that here prosecution have to built the wall and accused have to take some bricks to get the wall fall down to defiance has not to proof the case but the prosecution has.Evidence can be said that what anyone see, anyone feel, anyone hear, anyone smells. Though anyone hear something from someone that shouldn’t be admissible much. However a lawyers first duty to bring out the vary need of the require demand from the case by cross-examination.

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