Meaning and Purpose of Examination and Cross Examination

 Examination means testified to the witness about relevancy  to find out witness knowledge, confidence , so no for the subject matter. Interrogative  of witness by  the opposition party  is called  cross examination. Cross examination  is also said  to be ‘ the greatest engine  even  invented  for the discovery of earth.

Cross examination is’ the questioning  of a witness at a trial or hearing by  the party  opposed to the party who called the  witness to testify.

Cross-examination ‘the most  effective  art of the skilled  trial lawyer; the interrogative  of a witness for the  opposing  party  by questions formed  to test  the accuracy and truthfulness of his/her testimony on direct examination and to bring  out the truth  of matter  in issue; an  absolute  rights in action and proceeding.

According to Taylor, cross-examination is ‘the motives to prevent truth  are so  much numerous in  judicial investigation than  in the ordinary  affairs of  life that the danger of injustice arising  from this  cause’

Cross-examination of the witness is the process of purity the fact from the witness of the opposite party. It does not protect the rights of  the party, must have both  the right and opportunity of cross-examination. Cross-examination is one  of the greatest  weapon of the testing the veracity of a statement  made  by a person. It is both, sword of attack and a side of defense.



Purpose:

Cross-examination is designed to serve one or more of the following purposes as

a.To damage or destroy the opponent,

b.To substantially discredit the witness,

c.To support one’s own the case

According to Cross and Wilkins, the objective of cross-examination  on  conducted or on behalf of the opposite party are

a.to elicit evidence directly relevant to the issued which  is favorable  to the cross-examiners case and

b.To discredit the witness.

The very purpose of the cross-examination is to ask the  question regarding  to what the witness has stated in the examination in –chief are in the case of that witness and particularly  when the witness is a party to the proceeding of that party.The entire questions which are  asked  with a new challenge the evidence-in – chief are permissible .The motives to prevent  truth  are so much  more numerous in judicial investigation than in the ordinary affairs of life  and the danger of injustice arising  from this cause.