Justice Kalyan Rai Surana delivering the lecture on ‘The Art of Examination & Cross-examination in Civil and Criminal Matters’ in Kohima on May 6. (Photo Courtesy: NSLSA)
Kohima, May 6 (MExN): Cross-examination is one of the most difficult and complex skills for an advocate, and the talent to cross-examine is a rare commodity that can only be mastered through years of practice and thorough reading, said Justice Kalyan Rai Surana, Judge of Gauhati High Court and Executive Chairman of Nagaland State Legal Services Authority (NSLSA).
Delivering a one-day lecture on ‘The Art of Examination & Cross-examination in Civil and Criminal Matters’ in Kohima on Wednesday, Justice Surana said advocates must be attentive in court proceedings and have a clear grasp of legal provisions, especially Chapter X of the Evidence Act or the Bharatiya Sakshya Adhiniyan, 2023.
The judge outlined the key objectives of cross-examination: disputing the validity and accuracy of testimony, challenging witness credibility, using a witness to strengthen one’s own claim, impeaching the credibility of the opposite side’s witnesses, introducing one’s narrative to the court, and changing or reducing the effect of an opinion or establishing the credibility of an expert.
While the scope of cross-examination is very wide, Justice Surana said it should be limited to the core controversy of the case, though some questions relating to witness credibility are permissible.
Cross-examination may be constructive or destructive, and sometimes both approaches must be adopted, but advocates should be extremely careful in such situations, he added.
Effective cross-examination
Extracting truth from an unwilling witness is a great art that requires introspection, Justice Surana said. He advised lawyers not to conduct cross-examination with “fixed expectations,” as the path it will take cannot be ascertained in advance.
“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,” he said.
Every case is unique and cannot follow a fixed straightjacket formula; what works depends on various factors and approaches, the judge noted. He advised lawyers to invest double the time they think they will need for preparation.
“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 added.
The event was organised by the NSLSA in collaboration with the High Court Bar Association, Kohima, and the Kohima Bar Association at the Bar Room of the Gauhati High Court, Kohima Bench.
A question and 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, Asst Secretary, Kohima Bar Association chaired the sessions and A Zho, Senior Advocate pronounced the invocation.
