Renchamma, it was held that examination-in-chief must be done before the cross-examination. The examination of a witness must be done specifically in the sequence mentioned under Section 138. So, if no relevant facts are answered by the witness or there is no credibility to his statements, his testimony can be rejected and there is no need for cross-examination in that case. Wali Khan, it was held by the High Court of Jammu and Kashmir that- cross-examination might not be necessary if the witness testimony is prima facie unacceptable. The section further states that if any new fact or issue arises during re-examination, the opposite party can further cross-examine the witness on that fact or issue. Section 138 states that the re-examination must be directed by the Court for explaining matters referred to in cross-examination. This has been laid down as re-examination in Section 137 of the Indian Evidence Act, 1872. If the party that called the witness sees the need to examine the witness again after cross-examination, they may examine the witness one more time.This process has been described in Section 137 of the act as cross-examination. The opposite party may ask him any question regarding all the relevant facts and not merely the facts discussed during the examination-in-chief. After the completion of the examination-in-chief, if the opposite party wants to, they can take over the witness and cross-question him about his previous answers.First, the party that called the witness examines him, this process is called examination-in-chief as mentioned under Section 137 of the Indian Evidence Act.There are three parts to the examination of a witness and Section 138 of the Evidence Act states that the witness must be examined in the following order: Examination of witnessĮxamination of a witness is asking the witness questions regarding relevant facts in the case and recording the statements of witnesses as evidence. This questioning of the witness and recording their answers is called witness examination. Their answers when recorded are called testimonies of witnesses. A question asked to a witness must be relevant to a fact in issue, and must help establish the same. Witnesses are required to answer the relevant questions presented to them. It is further provided in Section 136 that the judge may ask the parties if the evidence they have adduced deals with a relevant fact or not.įor evidence to be admissible in Court, the judge must be convinced that the evidence is relevant and does help establish a relevant fact in issue. Under the Evidence Act, 1872 Section 5 states that evidence is admissible only when it supports a relevant fact in issue. This article will cover each section one by one, along with case laws. Section 135 – 165 of the Evidence Act, 1872 deals with examination and cross-examination of witnesses. Witness testimonies are one of the most reliable evidence because the person giving the statements has personally witnessed the event happen. The examination of witnesses is an integral part of a criminal trial. Questions by a party to his own witness.Questions should not attack the witness’s character.Questions must be on reasonable grounds.Cross-examination on previous statements.Can leading questions be asked to a witness?.
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