Types of Witness Examination and pertaining issues
It is indisputable that witnesses play an important role in providing aid to the court in order to
ensure that justice is administered. Evidence is important in any type of case, but it is the witness
who throws light on the complexities that have been highlighted in that particular case. It has been
established a structure and procedure in this regard through several statutory provisions, with
Sections 135 to 166 of the Evidence Act covering the examination of witnesses.
First and first, it is necessary to comprehend what is meant by the term "Witness." When it is
mentioned in Section 31 that there are two components of 'Evidence,' it is the 'witness' who is the
first component and recorded evidence as the second component. It also includes the definition of
oral evidence, which in simplest terms means all statements that are permitted by the court or
compelled to be made before it by the witnesses with reference to the facts that are under
investigation. It also includes the definition of documentary evidence. This type of evidence must be
straightforward.
In terms of production, place an order.
In accordance with Section 35 of the Indian Evidence Act, the handling of production orders and
witness examination is contemplated. The procedure for witness examination is addressed in the
CPC's Order 18 and the CrPC's Chapters 18, 19, 21 and 24. The most important question is who will
be the first to question its witness and in what order this will take place. In criminal proceedings, it is
the prosecution's side that is in charge of gathering evidence.
S. 311 of the Criminal Procedure Code offers broad authority to courts for summoning and
interrogating witnesses, as well as any other person present, who they judge relevant. It also grants
authority to recall and re-examine witnesses who have already been interrogated. Any deviation
from the order relative to the collecting of evidence has the potential to cause severe prejudice to
one or more parties or to result in a miscarriage of justice.
In terms of witness examination, the following is the order:
Based on English Common Law method, this procedure is divided into three stages. The first step is
the examination in chief, followed by cross-examination, and finally the re-examination. 4. Section
137 of the Evidence Act deals with the definition of all three examinations, and this order is defined
in accordance with Section 138 of the Evidence Act. The examination in main must address the
pertinent facts; on the other hand, the cross-examination does not have to be confined to the facts
that have been attested to by the witness in order to be effective. The feature of re-examination
occurs after the cross-examination and helps to clarify the picture of the witnesses' testimony by
bringing it into focus. The court has ruled that the use of obscene or scandalous questions in the
cross-examination shall be prohibited. These are the ones that are either irrelevant to the facts in
question or have the potential to insult or anger the witness who is being cross-examined by the
defence attorney
Types of Witness Examination, together with their respective advantages and disadvantages:
Chief Examiner's Inquiry
Examining a witness who has been summoned by one of the parties is referred to as examination in
chief8. Once the oath is taken and affirmed, this is the first step in the entire examination procedure.
The whole emphasis in this case is on the testimony and evidence of the witnesses. Parties tend to
establish what their case is by narrowing the focus of their discussion to the material facts.
A sophisticated chief examination is capable of identifying a large number of things. In this type of
examination, questions that are considered to be leading ones are not asked. The competency of the
witness is an important consideration that must be kept in mind, and his or her evidence must be
relevant.
When preparing for this examination, it is necessary to adhere to a rule known as the golden rule9,
which states that there must be clarity, outline questions must be prepared, appropriate phrases
must be used, relevant portions must be given precedence, and flexible questions must be given
discourse.
Examining the Evidence in a Cross-Examination
As part of the examination of witnesses, this examination plays an important function, and it is
considered to be one of the most important methods used in determining and acquiring truth10. It is
preceded at the request of the adverse party, and an attempt is made to verify the validity as well as
the credibility of a witness's statements and testimony, with the major goal of this examination
being to verify the veracity and credibility of a witness's statements and testimony. During the
course of this test, questions other than those pertaining to the facts may be asked, but questions
that are deceptive are not permitted to be asked.
Unlike other rights, the right of a party to cross-examine a particular witness is recognised by natural
justice principles as well as other rights common to the legal profession. Because perjury is a
criminal offence in a court of law, the requirement of cross-examination plays an important role in
the process of truth discovery. This procedure of cross-examining the witness results in the inference
being formed that the adverse party has accepted the truthfulness of the statements made, and
there is no room for any subsequent grievance to be raised if this process is not conducted by the
adverse party . For example, if an adverse party is eager to cross-examine but is denied permission
by the court for reasons best known to the court, the evidence in question is deemed not to be
taken into consideration at all 16.
Re-Examination
When a question arises during the course of cross-examination, this type of examination provides an
opportunity for the witness to explain the question. This type of examination is normally limited to
only such questions. Efforts are taken to clarify any expressions used by the witness over the course
of the trial. Additionally, new subjects might be raised, but only after obtaining the necessary
permission from the court, and the opposing party would then be given the opportunity to cross-
examine those points So, to put it another way, the purpose of main examination is witness
examination under oath, the objective of cross examination is to expose truth, and the objective of
re-examination is to remove vagueness. Lead-in questions are not permitted to be asked in chief or
re-examination unless the court grants permission18 to do so, but they are permitted to be asked
during cross-examination.
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