Cross-Examination Of A Witness

Dear Sir,

What are the questions (to be asked and not to be asked) to a witness while cross-examining a witness by the delinquent in a Domestic inquiry? Are there any Rules and Regulations for cross-examining a witness?

Looking forward to an early reply from the seniors.

Regards,
Khaleel Saudagar

The rules are simple; you need to follow the principle of Natural Justice. This means in simplified terms as follows:

1) Reasonable time must be provided to answer questions.
2) No badgering, battery, or defamation is allowed.
3) Get the entire proceeding on video.
4) Obtain an affidavit signed from the parties stating that they are willingly participating in such proceedings.
5) Always allow parties a chance to be represented by an attorney or a McKenzie's friend.
6) Do not allow unfair surprises.

This link may also be of some use.

[DOMESTIC ENQUIRY](http://blogs.siliconindia.com/abmarandi/DOMESTIC-ENQUIRY-bid-47R05dVS36215476.html)

In cross-examination, no leading questions are allowed.

Regards,
V.L. Nagarkar
HR Consultant

Basic criteria of holding a domestic enquiry is that the principle of natural justice should not be violated. There is no act which prescribes the procedure of cross-examination in an enquiry. However, the Evidence Act may be followed to some extent. The primary concern should be that the delinquent should not be deprived of any opportunity (principle of natural justice).

Regarding what questions one should put in cross-examination totally depends on what the witness has stated in his evidence. Without knowing the statements of the witness as well as the entire facts, questions cannot be constructed.

If the delinquent is planning to cross-examine the witness of management and unable to frame questions, then he may consult any expert/professionals with the statement of the witness and other documents to get the questions framed so that the delinquent may put those questions on the next date of the enquiry.