Podcast
Questions and Answers
Which type of question is not permitted by 142 18A?
Which type of question is not permitted by 142 18A?
Who can give only a 'Yes/No' answer?
Who can give only a 'Yes/No' answer?
Who can summon an expert witness to the court?
Who can summon an expert witness to the court?
When can the judge ask questions during a trial?
When can the judge ask questions during a trial?
Signup and view all the answers
What is a 'hostile witness'?
What is a 'hostile witness'?
Signup and view all the answers
Who can ask leading questions to a hostile witness?
Who can ask leading questions to a hostile witness?
Signup and view all the answers
Who can recall or re-examine any witness in court?
Who can recall or re-examine any witness in court?
Signup and view all the answers
What is the purpose of a witness 'volunteering a statement' with the court's permission?
What is the purpose of a witness 'volunteering a statement' with the court's permission?
Signup and view all the answers
Study Notes
Court Proceedings and Witnesses
- In a trial, a witness can only give a Yes/No answer.
- Leading questions can only be asked by an opposition lawyer.
- The rules for leading questions are defined by sections 141, 142, and 143 of 18A.
Types of Witnesses
- An expert witness can be summoned to the court by either the Public Prosecutor (prosecution witness) or the Defense Lawyer (defense witness).
- A prosecution witness is summoned by the Public Prosecutor, while a defense witness is summoned by the Defense Lawyer.
Examination of Witnesses
- The examinations are conducted by:
- Prosecution witness
- Defense witness
- Chief examiner
- Public prosecutor
- Defense lawyer
- Cross-examiner
- Re-direct examiner
- Judge
Judge's Role
- The judge can ask questions at any stage of the trial to anyone, about anything (section 165 of the Indian Evidence Act).
- The judge has no restrictions on questioning.
- The judge can recall or re-examine any witness in court based on need (section 311 of the CrPC).
Volunteering of Statements
- An expert witness can volunteer a statement with the permission of the court to clarify a statement after a leading question in cross-examination to avoid misinterpretation.
Hostile Witness
- A hostile witness is an adverse or unfavourable witness who conceals the truth.
- A hostile witness does not favour the same side that called them.
- A hostile witness contradicts their previous statement.
- If a witness is declared hostile by a judge, the same side lawyer can ask them leading questions (section 154 of 18A).
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge on the Indian Evidence Act 1872 regarding leading questions and witnesses. Learn about when leading questions are permitted and who can summon expert witnesses to court. This quiz covers sections 141, 142, and 143 of the Act.
