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............................................................................................................................. Description The 'Art of Advocacy' is really the art of persuation. The advocate's task is to persuade the judge or the jury, as the case may be, to accept the case of his client as presented by him. To achieve this purpose several things are necessary for the advocate : first and foremost a thorough knowledge of all the relevant facts; next an accurate and exhaustive knowledge of the law bearing on the question at issue. Without a basement made up or these two, no advocate can hope to construct a strong case for his client. The presentation of the case in the original court of trial consists in not merely the final address or argument but in adducing all the evidence which is likely to help the case. So far as oral evidence is concerned, the advocate has a dual role. He has to construct the case of his client from the positive evidence led by him; he has also to destroy the evidence led in by his opponent. As the ultimate decision rests with either the judge or the jury—and both are human—the problems of advocacy in the argument part are psychological as well as factual- The mind of a judge or that of a member of the jury is as much subject to the laws of psychology as any other man. As Lord Macmillan once said "when the Judge assumes the ermine, he does not divest himself of humanity". Likewise, the members of the Jury do not cease to be men and become mere machines once they are empanelled. Though it is quite true that a study of psychology does not necessarily and by itself lead to a great knowledge of human nature and greater skill in handling human situations, yet there can be no doubt that it helps considerably to equip one's mind with certain fundamental laws and tendencies of behaviour. Likewise, while the study of a text-book of advocacy will not make anyone a great advocate, it will undoubtedly help him by acquainting him with the results of a long experience and the methods or those who had achieved success in the field. Likewise with examination of witnesses very often it is said that some are born cross-examiners just as some are born poets. These are but half-truths. No one became a poet by remaining in a state of nature without study, practice and experience. In the same way, examination of witnesses (including cross-examination) is an art which has to be learnt by study, practice and experience. Though each case has its own peculiar facts, and there are no two witnesses exactly alike, there are certain fundamental rules and tricks of the trade which are more or less commonly applicable to all cases and all witnesses. The present work, which was originally published in seven volumes and is now proposed being published in three, is an all-comprehensive treatise on the 'Art of Advocacy'. The first volume now issued is entitled "Cross Examination—Principles and Precedents". This volume deals with almost all the aspects of examination of witnesses. It analyses and examines the different classes of witnesses and the ways of dealing with them not merely in the form of dry statements but illustrated with concrete instances of how they were dealt with by eminent advocates before. The present literature is a great service to the members of the profession to bring together and exhibit the principles and methods adopted by the acknowledged masters of the art of cross-examination with illustrations from well-known cases. ............................................................................................................................. Contents Part I - Cross-Examination in General 1. Introduction 2. Statutory Provisions 3. Examination of Witnesses (In General) 4. Order of Examination of Witnesses 5. Examination-In-Chief 6. Privilege of Certain Witnesses Part II - Principles of Cross-Examination 7. Principles of Cross Examination 8. Statements Provable Only to Corroborate or Contradict Evidence Tendered at the Trial 9. Statements Admissible Either to Corroborate of Contradict 10. Some Non-Statutory Materials for Corroborating or Contradicting 11. Contradicting Under S. 155(3) of the Act 12. Contradicting Under S. 145 of the Act 13. Cross-Examination of Person Called to Produce a Document 14. Witness to Character 15. Hearsay Evidence 16. Leading Questions 17. Cross-Examination as to Previous Statements in Writing 18. Questions Permissible Under Sec. 146 of the Indian Evidence Act, 1872 19. When Witness to be Compelled to Answer 20. As to incriminating Questions 21. Questions not to be asked without Reasonable Grounds 22. Indecent and Scandalous Questions 23. Exclusion of Evidence to Contradict Answers Regarding Veracity 24. Hostile Witness 25. Impeaching Credit of a Witness 26. Re-Examination of Witness 27. Questions Tending to Corroborate Relevant Fact 28. Refreshing Memory 29. Testimony to Facts Stated in Documents Mentioned in Sec. 159 of the Indian Evidence Act,1872 30. Right of Adverse Party as to Writing Used Under Secs. 159 & 160 of the Indian Evidence Act,1872 31. Production of Documents 32. Powers of the Judge to Elicit Truth Part III - Bullying Cross-Examination 33. Different Types of Cross-Examination 34. Severe Cross-Examination 35. Dangerous Cross-Examination 36. Gentle Cross-Examination 37. Silent Cross-Examination 38. Suggestive Cross-Examination 39. Over-Cross Examination 40. Bold Cross-Examination 41. Quick Cross-Examination 42. Random Cross-Examination 43. Quibbling Cross-Examination 44. Prolonged Cross-Examination 45. Dramatic Cross-Examination 46. Humorous Cross-Examination Part IV - Cross-Examination of Different Types of Witnesses 47. Cross-Examination of different Types of Witnesses 48. Truthful Witness 49. Hostile and Treacherous Witness 50. Mistaken Witness 51. Biased Witness 52. Exaggerating Witness 53. Timid Witness 54. Excited Witness 55. Tutored Witness 56. Hypnotized Witness 57. Conscientious Witness 58. Pious Witness (Priests and Clergymen) 59. Clever Witness 60. Expert as Witness 61. Court Witness 62. Impertinent Witness 63. Flippant Witness 64. Dogged Witness 65. Awkward Witness 66. Convict Witness 67. Hypocrite Witness 68. Shifty Witness 69. Unwilling Witness 70. Unintelligent Witness 71. Confused Witness 72. Ignorant or Illiterate Witness 73. Stupid Witnesses 74. Forger Witness 75. Humorous Witness 76. Drunken Witness 77. Insane Witness 78. Bankrupt as a Witness 79. Police Witness 80. Spies and Detectives as Witnesses 81. Child Witness 82. Aged Witness 83. Woman Witness 84. Professional or Pedantic Witness 85. Guilty Witness 86. Accomplice Evidence 87. Illustrative cases ............................................................................................................................. Author Details P. Ramanatha Aiyer, B.A., B.L. N.S. Ranganatha Aiyer, B.A., B.L., High Court Vakil Third Edition Revised by V.R. Manohar, Former Advocate-General of Maharashtra, Senior Advocate, Supreme Court of India, Chief Editor, AIR, Cr.L.J., Lab.I.C., Tax.L.R. AIR Manual, Ex-Dean, Faculty of Law, Nagpur University, Ex-Chairman, Bar Council of Maharashtra .............................................................................................................................
