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
KassyD (Student) 22 May 2011
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
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.
pradip shah (partner) 22 May 2011
its trick of the trade to confuse witness & get favourable reply in `yes`, `no`.
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
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