Chief, Cross And Re – Examination Of Witnesses – Indian Judiciary – Free PDF Download

138. Order of examinations. –– Witnesses shall be first

1. examined-in-chief,
2. cross-examined,
3. re-examined.

137. Examination-in-chief. –– The examination of witness by the party who calls him shall be called his examination-in-chief.

• Cross-examination. –– The examination of a witness by the adverse party shall be called his cross-examination.
• Re-examination. –– The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.

Examination in Chief

• It is basically meant to get the facts out of the witness and it is the first round of squeezing.

The objective of Examination in Chief

1. Firstly, it established that the person so called is competent to be a witness.
2. He remembers the facts and understand the implication of his statement.
3. It also established the admissibility of the testimonial evidence that has been given.
4. Implying that past evidence aligns with the experience of the witness.

Examination in chief questions

• There would be general questions asked in the examination in chief which is related to the facts of the evidence no leading questions are asked in the examination in chief except with the permission of the Court.( Section 142)
• 141. Leading questions. –– Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.
• 143. When they may be asked. –– Leading questions may be asked in cross-examination.

Cross-examination

Cross-examination can make or destroy a case. It is the keystone to a successful trial.

• The purpose of cross-examination is not simply to attack an adversary, but to strengthen your own case.
• To separate the truth from falsehood

In the course of cross-examination, a witness may be asked questions:

1. To test his veracity;
2. To discover who he is and what his position in life is;
3. To shake his credit by injuring his character, although his answer might criminate him or expose him to penalty or forfeiture.

RE-EXAMINATION

• The right of cross-examination arises only after the conclusion of cross-examination and is directed towards the explanation of any part of his evidence during cross-examination.

NECESSITY FOR RE-EXAMINATION

• Clearing Confusion & Ambiguities
• Putting New Fact of Cross-examination in Favorable Perspective

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