Cross-examination as to previous statements in writing
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Summary
A witness can be cross-examined about earlier statements they made in writing that are relevant to the case, even if the document is not shown or formally proved. However, if the party wants to use the writing to contradict the witness, they must first draw the witnesss attention to the specific parts that will be used before the writing can be proved.
Example
Priya gave a written statement to the police saying she saw a neighbour take a bicycle. At trial she testifies she did not see the neighbour. The lawyer may cross-examine Priya about that earlier written statement without producing it, but if the lawyer wants to contradict her by the writing, they must first point out the relevant parts 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.
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