Examination in Chief, Cross Examination, Re-Examination – Section 137 of IEA,1872 – Judiciary Exam – Free PDF

Examination in Chief, Cross Examination, Re-Examination

Examination-in-chief:

Section 137 : Examination-in-chief:

• The examination of a witness by the party who calls him shall be called his examination-in-chief.
• After taking oath the witness has to give answers the questions asked by the party who has called him before the court.
• In this process all material facts within the knowledge of the witness are recorded to prove his case.
• In examination-in-chief the testimony is strictly confined to the facts relevant to the issues only, and not to the law.
• No leading question is permitted to be asked unless the court allows it.
• In conducting examination-in-chief like of a witness specially in serious cases, the public prosecutor should take abundant precaution in examination a witness.

Cross examination

Cross-examination:

• The examination of a witness by the adverse party shall be called his cross-examination.
• After the examination-in-chief the opposite party shall be called to examine the witness.
• Where in cross-examination of a witness, nothing appears suspicious, the evidence of the witness has to be believed.
• It is the right of the opposite party to cross-examine the witness to expose all relevant facts which are either left or not disclosed in the examination-in-chief.
• It is “one of the most useful and efficacious means of discovering the truth.”
• The right of cross- examination can be exercised by the co-respondents when their interest is in direct conflict with each other.
• Although the range of cross-examination is unlimited, under the section the court has discretionary power to exclude irrelevant questions.
• The person (complainant or any of his witness who gave evidence on affidavit after being summoned by the accused, can only be subjected to cross-examination as to fact’s stated in affidavit.

Re-examination:

• The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.
• The examination of witness subsequent to cross-examination by the party who called him, is called re-examination.
• If the party finds inconsistencies or discrepancies arising out of cross-examination he has the right to re-examine his own witnesses.
• But, in case of re-examination no new question or fact shall be permitted to be asked without the court’s consent. Similarly, no leading question can be asked.
• It was held that the re-examination of witness is not confined to mere clarification of ambiguities arising in cross- examination.
• If any new matter is introduced in re-examination the adverse party must be given opportunity for cross-examination. It is generally called re-cross-examination.

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