Subjects which can be cross examined as there worthiness (cross examination as to the

credit) –

Section 138, 140, 145, 148, 154, 155 of Evidence Act provides for impeachment the credit of a
witness by cross-examination.

1- Order of examination- see it. Its vast.

2- Whether the person who is called to produce documents can be considered as
Witness (S. 139 of IEA)-
In the case of State of Gujarat v. Shayam Lal Mohan Lal 1, it was made clear that, a
person summoned to produce a document does not become a witness. He may comply the
order only by sending the document. Such witness will not be cross-examined until and
unless they give some oral evidence.

3- Character of Witness- S. 140 of IEA

Witness to character may be cross-examined and re-examined.
Case – Hussenaiah v. Yerraiah2- As the general rule laid in S. 32 IEA, character of a party
to a civil suit cannot be relevant to the decision of an issue arising in that suit, but cross-
examination council is given liberty under this section to see the credibility of the witness
to put questions affecting his character.

4- Previous statement given by Witness in writing – S- 145 of IEA

A witness may be cross examined if the statement given in court is contrary to that of the
Previous statement made by him in writing or reduced in writing, and relevant to matter
in question, without such writing being shown to him, or being proved.
Paras Nath v. Tileshwar Kumar3- The principle laid down in this case is, when the party
making a statement which is not consistent with the previous statement than the provision
of S. 145 is attracted.
Also similar principle laid down in Kehar Singh v. State 4, where it was laid down that
Evidence provided by witness cannot be used against himself and cannot be subject to
cross- examination except that if he provides false evidence.
5- If the witness is bias –
It is well established principle that whosoever party is calling the witness, the witness
should not be bias to the party which called him. A cross-examiner may ask a question
which show that the witness is bias in the favor of the party calling the witness as the
Witness might having the previous enmity with the opposite party.

6- Disability of the Witness –

1
AIR 1963 Guj. 178.
2
AIR 1954 AP39.
3
1965ALJ 1080.
4
AIR 1988 SC 1883:1989 Cri. LJ 1.
A statement given by witness can be adversely affected if its credibility by means of
some disability which witness suffers in question.
For Example – In a case, the eyewitness who was suffering from Myopia, has seen a
incident from far a place where he was standing and stated that he has seen the Culprit
and can identify him. In cross-examination, it was proved that it was nearly impossible
for a person suffering from Myopia. Even though his story was related to the facts stated
but then also Court cannot give the judgment only on the basis of his testimony.