On going 125 crpc cross examination

939 votes

The following information is for general understanding and does not constitute legal advice. For advice tailored to your specific situation 1. General Principle Under Indian Law In cross-examination, discrepancies in a witness’s memory—such as not recalling exact dates—are not uncommon. The Indian Evidence Act, 1872 does not prescribe that every witness must remember precise dates, especially if the events in question happened long ago or if they were numerous in nature.

Advocate Dheeraj Singh LawRato

656 votes

During cross-examination, discrepancies in dates are not necessarily severe unless they directly affect the material facts or the core issues of the case. Courts generally understand that human memory is not perfect, especially regarding specific dates, as long as the sequence of events is consistent and credible. However, if the husband makes significant errors in dates that contradict other documentary evidence or testimony, it could raise doubts about his credibility. Minor errors or an inability to recall exact dates are typically considered non-critical unless they relate to key events central to the case. It is advisable to focus on the broader context and provide accurate sequences of events, backed by documentary evidence wherever possible, to strengthen the testimony.

Advocate Rupal Dwivedi LawRato