EXAMINATION OF A WITNESS WITH SPECIAL REFERENCE TO CROSS-EXAMINATION
AUTHOR – PANDEY SUMIT VIJAY* & DR SRIJAN MISHRA**
* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW
** ASSISTANT PROFESSOR GRADE-I AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW
BEST CITATION – PANDEY SUMIT VIJAY & DR SRIJAN MISHRA, EXAMINATION OF A WITNESS WITH SPECIAL REFERENCE TO CROSS-EXAMINATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 53-64, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/AXSG6934
Abstract
One of the most important aspects of the adversarial system of law is the witness cross-examination, since the establishment of facts by the judiciary largely depends on oral testimony. The Indian Evidence Act 1872 provides a methodological way of investigating the witnesses that comprises examination-in-chief, cross-examination and re-examination, which has a procedural and substantive aim. Of them, such a powerful weapon as cross-examination will assume one of the leading positions among the means of checking the veracity, credibility, and reliability of the witness testimony. It is not merely a procedural formality but rather a very important protection mechanism to bring about fairness in the course of trial and to monitor natural justice principles.
This research paper is critically carried out to look at the concept, scope, objective, and limitations of witness examination with particular reference to cross-examination in the Indian law. It examines provisions of the law, judicial interpretations, and evidentiary principles of leading questions, impeachment of credit, hostile witnesses, and protective restrictions of indecent or scandalous questioning. The paper also examines the constitutional aspect of the cross-examination, especially in connection with the right to fair trial in Article 21 of the Constitution of India.
Other challenges, like the hostility of witnesses, intimidation, abuse of aggressive cross-examination tactics, and how digital modes of testimony are applied, are also discussed in the paper. The paper also uses the analysis of doctrines and allusions to significant judicial precedents to reveal the fine line between the right of the accused to confrontations and the necessity to respect the dignity and safety of the witnesses. It ends by proposing reforms to enhance procedural protections without the cross-examination role of the justice system by enhancing the truth-seeking.
Keywords: Examination of Witness, Cross-Examination, Indian Evidence Act, Fair Trial, Witness