Cross-examination as to previous statements in writing
AI Assist
Summary
A witness may be questioned about previous statements they made in writing if those statements are relevant, even if the document is not shown or proved at that stage. If the party intends to use that writing to contradict the witness, they must first draw the witness's attention to the specific parts to be used. Only after doing so can the writing be proved for contradiction.
Example
Priya gave a written statement to the police about a neighbour's damage to her shop. At trial she testifies differently. The lawyer may cross-examine her about that earlier written statement without producing the paper, but to use the paper to show she contradicted herself the lawyer must first point out the exact passages to Priya before proving the document.
Bare Act
Enacted textA 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.
Previous year papers
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