OBJECTIONS DURING EXAMINATION-IN-CHIEF AND CROSS-
EXAMINATION
In a trial, objections are raised by the opposing counsel to prevent inadmissible, irrelevant,
misleading, or prejudicial evidence from being considered by the court. The defense can
raise several objections during the prosecution's examination-in-chief and during the
prosecution’s cross-examination of the defense witnesses to ensure fairness and
adherence to legal principles.
1. OBJECTIONS DURING EXAMINATION-IN-CHIEF
(When the prosecution is examining its witnesses)
(A) Leading Questions – Section 141, Indian Evidence Act (IEA)
🔹 Objection: "Objection, Your Lordship! The prosecution is leading the witness."
🔹 When to raise: If the prosecutor asks a question that suggests the answer.
🔹 Example:
● Prosecutor: "Did you see Farhan Mirza at the crime scene on the night of 30th
June?"
● Defense: "Objection, Your Lordship! The question is leading. The prosecution is
suggesting the answer to the witness."
🔹 Legal Basis: Section 141 of the Indian Evidence Act prohibits leading questions
during examination-in-chief unless allowed by the court.
(B) Hearsay Evidence – Section 60, IEA
🔹 Objection: "Objection, Your Lordship! The witness is giving hearsay evidence."
🔹 When to raise: If a witness testifies about something they did not personally observe
but only heard from another person.
🔹 Example:
● Witness: "I heard from another student that Farhan was involved in some suspicious
activity that night."
● Defense: "Objection, Your Lordship! This statement is hearsay and should not be
admitted into evidence."
🔹 Legal Basis: Section 60 of the IEA states that oral evidence must be direct and
not based on hearsay.
(C) Calls for Speculation – Section 45, IEA
🔹 Objection: "Objection, Your Lordship! The witness is being asked to speculate."
🔹 When to raise: If a witness is asked to guess or assume facts they have no direct
knowledge of.
🔹 Example:
● Prosecutor: "In your opinion, do you think Farhan was mature enough to commit
this crime?"
● Defense: "Objection, Your Lordship! The witness is not an expert in psychology and
is being asked to speculate."
🔹 Legal Basis: Section 45 of the IEA requires expert testimony only from qualified
professionals when discussing mental capacity or forensic matters.
(D) Irrelevant or Prejudicial Question – Section 5, IEA
🔹 Objection: "Objection, Your Lordship! This question is irrelevant and prejudicial to the
accused."
🔹 When to raise: If a question is unrelated to the charges but is meant to unfairly portray
the accused in a bad light.
🔹 Example:
● Prosecutor: "Isn't it true that Farhan Mirza often drew dark and disturbing art
pieces?"
● Defense: "Objection, Your Lordship! The accused’s artistic interests are irrelevant to
the case and unfairly prejudice him."
🔹 Legal Basis: Section 5 of the IEA states that only facts related to the case are
admissible.
(E) Opinion Testimony by a Lay Witness – Section 45, IEA
🔹 Objection: "Objection, Your Lordship! The witness is giving an opinion without expertise."
🔹 When to raise: If a non-expert witness is asked to give an opinion about forensic,
psychological, or medical matters.
🔹 Example:
● Witness: "I think Farhan was mentally prepared to commit this crime."
● Defense: "Objection, Your Lordship! The witness is not a psychologist or forensic
expert and cannot testify about mental capacity."
🔹 Legal Basis: Section 45 of the IEA states that only experts can provide
opinions on specialized subjects.
2. OBJECTIONS DURING CROSS-EXAMINATION (When
the prosecution cross-examines defense witnesses)
(A) Harassment or Badgering the Witness
🔹 Objection: "Objection, Your Lordship! The prosecution is harassing the witness."
🔹 When to raise: If the prosecution repeatedly asks the same question in an
aggressive or intimidating manner to confuse or pressure the witness.
🔹 Example:
● Prosecutor: "Are you saying you never saw Farhan at the crime scene? Are you
sure? You must have seen him!"
● Defense: "Objection, Your Lordship! The prosecution is badgering the witness."
🔹 Legal Basis: Courts do not allow witnesses to be bullied or pressured into
changing their testimony.
(B) Misstating Prior Testimony
🔹 Objection: "Objection, Your Lordship! The prosecution is misrepresenting the witness’s
earlier statement."
🔹 When to raise: If the prosecution twists or exaggerates the witness’s previous
testimony to mislead the court.
🔹 Example:
● Prosecutor: "You just said you weren’t sure if Farhan was at the crime scene, but
earlier you claimed he wasn’t there!"
● Defense: "Objection, Your Lordship! The prosecution is mischaracterizing the
witness’s statement."
🔹 Legal Basis: A witness's words must not be twisted or taken out of context.
(C) Assumes Facts Not in Evidence
🔹 Objection: "Objection, Your Lordship! This question assumes facts not in evidence."
🔹 When to raise: If a question includes information that has not been established by
evidence.
🔹 Example:
● Prosecutor: "Since Farhan had planned the crime days in advance, why did he not
try to hide the evidence?"
● Defense: "Objection, Your Lordship! There is no evidence that Farhan planned the
crime in advance."
🔹 Legal Basis: A lawyer cannot insert new "facts" through questioning.
(D) Compound Question
🔹 Objection: "Objection, Your Lordship! The question is compound."
🔹 When to raise: If a question asks two or more things at the same time, making it
unclear which part the witness is answering.
🔹 Example:
● Prosecutor: "Did you see Farhan on the night of the crime, and was he acting
suspiciously?"
● Defense: "Objection, Your Lordship! The question is compound and confusing."
🔹 Legal Basis: Each question should be clear and unambiguous.
(E) Calls for Legal Conclusion
🔹 Objection: "Objection, Your Lordship! The witness is being asked to give a legal
conclusion."
🔹 When to raise: If a witness is asked to interpret the law instead of stating facts.
🔹 Example:
● Prosecutor: "In your opinion, do you think Farhan is guilty?"
● Defense: "Objection, Your Lordship! Guilt is for the court to decide, not the witness."
🔹 Legal Basis: Only the court can determine guilt or innocence.
CONCLUSION
Objections are critical in ensuring a fair trial, preventing prejudicial questioning, and
maintaining the integrity of legal proceedings. The defense must be vigilant in raising
objections whenever:
✅ The prosecution misleads witnesses or the court.
✅ Questions violate the rules of evidence.
✅ The accused’s constitutional rights are at risk.
Through proper objections, the defense can weaken the prosecution’s case and ensure
procedural fairness. 🚨 Justice demands not only truth but also fairness in how that
truth is uncovered. 🚨
