Aiyar & Aiyar's The Principles and Precedents of the Art of Cross-examination

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Description
The book Aiyar & Aiyar's The Principles And Precedents of the Art of Cross-examination is a classic work. The first edition was published in 1920 and eight revisions were carried thereafter till 1998 and with this current edition, I am joining their galaxy as the tenth editor. Eight and a half decades is too long a period to sustain the testimony of the merit and utility of a work like this beyond any human perception. However the need for posterity may be the present attempt to re-edit. The question was whether it was necessary to bring out a tenth edition of a work with so many editions by stalwarts in the field. When presented for edition, the doubts were plenty, but the sacred task inspired me. My experience of more than four decades in the legal world, particularly as a trial lawyer and judge dealing with millions of cases, witnesses and cross-examiners from the grassroots to the top, along with little experience of teaching in law universities, made the task easier and the voyage through the work was made more and more interesting to probe and record. Probably because the law of evidence has always fascinated me, it must have added to the comfort in handling this classic work. The preface to a work should project in brief the work which the authors and the eight editors have already established.
The original work which was the result of Aiyar & Aiyar s great fascination for the subject as legal men of practice attempted to provide an elementary book embodying the results of their experience at the Bar, for beginners in the profession. More than the theatrical advice, the observation of live performance of cross-examinations in great and complicated trials by eminent men and personal experience was suggested. Adoption by study of any such methods recorded in autobiographies and otherwise was the next best method. Another method was the collection of instances of success attained in cross-examination by eminent advocates in different countries at different times and the precedents supporting the principles enunciated. References to great masters in the field and the subject matter of their works and great trials in journals was yet another humble style of providing their own materials in this work. In the very opening the learned authors rightly recorded that 'the fundamental principles of the Art of Cross-examination have remained the same for all ages and for all times.
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Contents
Chapter 1.    Cross-examination and Testimonial Faith
Chapter 2.    Theory of Proof and Testimonial Appreciation
Chapter 3.    The Cross. Examiner’s Theory and Preparation of Cases
Chapter 4.    Art of Interrogation
Chapter 5.    Art of no Cross examination and Tactical Restraint
Chapter 6.    Examination of Witnesses
Chapter 7.    Develop a Pleasant Style
Chapter 8.    Conduct your Testimonial Operations Tactfully
Chapter 9.    Demeanour of Witness and Cross Examiner
Chapter 10.  Detection of Falsehood
Chapter 11.  Falsity for Mistaken Sense. Perception
Chapter 12.  Cross-examination Regarding Identity
Chapter 13.  Sex Affecting Human Testimony
Chapter 14.  Age Affecting Testimony of Child Witnesses
Chapter 15.  Contradictions and Inconsistencies
Chapter 16.  Cross-examination as to Credit
Chapter 17.  Psychological Cross-examination
Chapter 18.  Cross-examination as to Probabilities
Chapter 19.  Cross-examination of Exaggerating and Buoyant Witnesses
Chapter 20.  Cross-examination of Experts
Chapter 21.  Cross-examination of Experts (Handwriting Forgery and
                     Typewriting)
Chapter 22.  Cross-examination of Experts of Finger-prints, Foot-points
                     and Poroscopy
Chapter 23.  Cross-examination of Insanity Experts and Insanes, Psychopaths,
                     Deaf and Drunks
Chapter 24.  Cross-examination on Medicine and Surgery
Chapter 25.  Hostile and Treacherous Witness
Chapter 26.  Cross-examination of Plaintiff or Main Witness
Chapter 27.  Cross-examination of Accomplices (Approvers, accessories of facts,
                     bribe-takers and givers informer, spies, decoys, etc)
Chapter 28.  Cross-examination of Accused
Chapter 29.  Cross-examination as to Alibi
Chapter 30.  Cross-examination of Public Officials and Officials Witness
Chapter 31.  Cross-examination of a Lawyer
Chapter 32.  Cross-examination of Police Witnesses
Chapter 33.  Professional Ethics and Cross-examination
Chapter 34.  Argument and Persuasion
Chapter 35.  Rights of Cross-examination
Chapter 36.  Control and Scope of Cross-examination
Chapter 37.  The Competency and Compellability of Witnesses
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Author Details
B.K. Somasekhara, Former Judge, High Court of Karnataka and High Court of Andhra Pradesh
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