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KassyD (Student)     22 May 2011

Leading questions in Cross Examination

Can all questions be leading when cross examining so that the other party can only answer Yes or No? Is this the recommended practise to bring out the truth and mould the case in your favour?

 

Thanks



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 May 2011

there wont be any leading question in the cross examination.  It is cross examination not a cheif examination.


(Guest)

yes teh art of cross examination is th easiest way to get the favourable answers 

1 Like

pradip shah (partner)     22 May 2011

its trick of the trade to confuse witness  & get favourable reply in `yes`, `no`.

1 Like

Jamai Of Law (propra)     24 May 2011

The witness may and should volunteer to say that question is misleading...and gie proper answer.

 

 

There is no compulsion to answer only in yes or no ..

 

 

 

Yes or No means that :---  Either I know that it is indeed true ... and hence yes, or I know that it is NOT true ... and hence NO..

 

 

 

 

But other answers are possible

 

 

Question not applicable/ or I don't know whether yes or no/not within my knowledge to call it either yes or no

 

 

KassyD (Student)     24 May 2011

I have found some very good resources here:

https://legalservicesindia.com/article/print.php?art_id=462

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 August 2016

Leading questions are permitted in the cross examination as a matter of right. Howver in examination in chief, the same can only be done with the permission of the court and that too with respect to matters which are introductory or already proved.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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