A one-day lecture on “The Art of Examination and Cross-Examination in Civil and Criminal Matters” has been organised by the Nagaland State Legal Services Authority (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.
Judge of the Gauhati High Court and Executive Chairman of NSLSA, Kalyan Rai Surana, while delivering his presentation, observed that examination and cross-examination in both civil and criminal matters remain among the most difficult and complex skills for an advocate. He stated that “the talent to cross-examine is a rare commodity which can only be mastered through years of practice and thorough reading.”
He emphasised the need for a sound understanding of legal provisions, particularly Chapter X of the Evidence Act and the Bharatiya Sakshya Adhiniyam, 2023, along with attentiveness during court proceedings. Justice Surana explained that cross-examination serves multiple purposes, including disputing the accuracy of testimony, challenging the credibility of witnesses, strengthening one’s case, impeaching opposing witnesses, and presenting a narrative before the court.
While noting that the scope of cross-examination is wide, he cautioned that it should remain focused on the core issues of a case, though questions relating to credibility are permissible. He further stated that cross-examination may be constructive or destructive, and in some cases both approaches may be required, but stressed the need for caution.
“Similarly, it would not be a good idea to anticipate the persuasiveness of the cross-examination on judges or tribunals. However, if it is prepared thoroughly and each question has a clear purpose, the results may be fruitful,” he said.
He added that every case is unique and cannot follow a fixed formula, advising lawyers to devote adequate time to preparation. “Simplicity, politeness, clarity, and confidence will enhance the impact of cross-examination,” he said, warning that any impression of bullying a witness may reduce its effectiveness.
A question and answer session was held in the presence of Sanjeev Kumar Sharma.