Admission in cross. is further evidence needed

In other words, admission by oral testimony of anything in cross examination is evidence in itself, so no documentary or supporting evidence is required for the same point.

To add to the advice given, it is always better to fortify admissions made during cross-examinations with documentary evidence and reference both in written arguments. Why? The witness may change the testimony at a later stage and then you have two contradictory admissions which dilute the evidentiary value of the admission. The witness may provide some arguments or some documents at a later stage to cover-up the admission... kind of some form of damage control. Therefore, while it is good to rely on admissions, it is always a better idea to fortify the same with documentary evidence, if you have that option too. 

To add to the advice given, it is always better to fortify admissions made during cross-examinations with documentary evidence and reference both in written arguments. Why? The witness may change the testimony at a later stage and then you have two contradictory admissions which dilute the evidentiary value of the admission. The witness may provide some arguments or some documents at a later stage to cover-up the admission... kind of some form of damage control. Therefore, while it is good to rely on admissions, it is always a better idea to fortify the same with documentary evidence, if you have that option too. 

According to Indian Evidence Act. Facts admitted need not be proved... 

thank you members for your reply.......

@samir, with reference to your reply, where you have mentioned that a witness might go back on his own admission.........but how can that be....if the admission is in cross examination...once the cross is over, how can the witness then change his mind
?

and in case of cross examination of petitioner by the respondent, if the petitioner admits to some questions in his cross, then to change his statement again, after his cross is over, does he apply again in fresh?

thanks

In theory you are correct. In practice, what happened in my case is that my ex-wife inadvertently made certain admissions during her cross-examination. Later, I recalled her to the stand for some other issues during which she "volunteered" some information that contradicted her previous testimony even though I did not ask her any question on that issue in the recalled cross-. I objected but the magistrate allowed her contradictory testimony because she gave some BS that she had misunderstood the question earlier, bla... bla.. bla..   Therefore, though it is true that facts admitted need not be proved, the admission itself has to be consistently unambiguous.  You cannot pick-and-choose an admission when it is contradicted elsewhere. I am NOT an advocate and my comment here is based upon my limited experience in my personal case on the same issue. 

hi samir, thank you for your reply, agree with you on this issue, in practice this might happen, so in order to prevent such occurence, would it be wise that in case some statements or admissions in cross examination stage of the opposite party are favorable to us, then better not to reinvite that party again for a cross......

but what if in a scenario. that the party admits something in one particular case, and denies the same in the other case....so in such a scenario. which statement would weigh more, the admission or denial.....

to cite an example...suppose a wife accepts that she is working or was working and earning salary in her 125 case, but in her DV case, she denies her employment and says that she is not working nor earning.....so in this scene, which statement would contradict the other..?  a confusing scenario..i bet a lot of people might be facing the same.

i am putting this scene in query because i am facing a situation. and no one has a logical and legal answer..............thanks again

Hi Maxx,

If the 125 case cross has been done earlier and its favourable to you then using section 145 of indian Evidence Act which states "

145.

Cross-examination as to previous statements in writing.

1*145. Cross-examination as to previous statements in writing.-A

witness may be cross-examined as to previous statements made by him in

writing or reduced into writing, and relevant to matters in question,

without such writing being shown to him, or being proved; but, if it

is intended to contradict him by the writing, his attention must,

before the writing can be proved, be called to those parts of it which

are to be used for the purpose of contradicting him."

You can use the previous statements of 125 case and cross examine your wife. Do ask a question if she denies that 125 statements are not true...then ask DV judge to note that and tell you need these statements to file complaint against your wife in 125 case for giving false evidence....she and her advocate may dance there itself....ONLY catch Judge SAHAB should listen to you.

hi fight for cause.........thanks a lot for your reply...i can now understand this.

I agree with the answer given. Indeed that is the essence of a Perjury indictment - Two contradictory statements under oath. However, there are other elements such as material impact, intent, motive and inability to explain or justify the contradiction. For example, may be she had a temporary job when she said that she had a job or that she was about to get terminated... or some such excuse. If she cannot offer  a reasonable explanation for the previous contradicted statement, then it is perjury in its purest form. And yes, this can be cause for serious action if pursued by you aggressively.