Examination Of Witnesses In The Court Of Law | Indian Evidence Act | The National TV
- by Dhyutisha-Rawat
- May 05, 2020 15:21
Examination of the witness in the court of law
It is always a question of wonder for common people that how witnesses are examined in the court. We all have seen in the movies, witnesses giving evidence standing in the witness box, in the court of law, but the reality is somehow different. In examining witnesses, certain rules have to be followed, which this article will highlight.
According to section 135 of the Indian Evidence Act, order for production and examination of a witness shall be regulated by the Law and practice for the time being prevailing in the civil and criminal procedure followed in the court, or by the discretion of the court, in absence of any law regarding it.
It is the duty of the judge to decide the admissibility of evidence. When a party offers evidence of any fact it has to be decided whether the fact if proved, would be relevant to the case.
The examination of a witness by the party, who calls him first is known as examination-in-chief of a witness. The examination of the same witness, by the opposite party, shall be called his cross-examination, and the examination of the same witness subsequent or after the cross-examination by the party, who called him is known as re-examination.
Witnesses shall be subjected firstly to examination-in-chief, then if the adverse party so desires to question him can cross-examine him, then if the party calling him so desires, re-examine him on the facts he presented.
Any question that is being asked to witness, suggests the answer in itself, which the person, wants to hear or the question which constricts the answer of a question to mere yes or no or the question which has an inbuilt answer to it is known as a leading question.
According to section 142 of the Act, one cannot ask the leading question in examination in chief or in re-examination, if an adverse party objects to it. The court may allow leading questions to be asked in examination-in-chief or in re-examination. A party may ask a leading question in cross-examination. If such questions were permitted in examination-in-chief, the lawyer questioning him would be able to construct through the mouths of the witness a story, that would suit his client. A fair trial of the accused is not possible if the prosecution can ask leading questions to a witness on a material part of his evidence against the accused, this will clearly offend the right of the accused as enshrined under Article 21 of the constitution of India.
According to Section 139 of The Indian Evidence Act, a person who has been just called only to produce a document does not become witness, automatically and therefore cannot be cross-examined. He can be cross-examined only when he is called as a witness.
A witness who appears to give evidence of a party’s character may be examined in-chief and cross-examined and on that base may be re-examined. The court should not allow anyway scandalous and indecent imputations against the moral character of the witness.
Thus, the examination of witnesses plays a key role in rolling the ball of justice, if witnesses are not properly examined or the evidence is not recorded correctly, it will definitely lead to failure of justice.
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