Examination of Witnesses PDF

INTRODUCTION Whether the matter is civil or criminal, the testimony of witnesses is crucial to the presenting of the evidence in a court of law. Another important factor that is solely decided by judicial personnel is whether or not a piece of evidence is admissible. A witness’s testimony is documen...

INTRODUCTION Whether the matter is civil or criminal, the testimony of witnesses is crucial to the presenting of the evidence in a court of law. Another important factor that is solely decided by judicial personnel is whether or not a piece of evidence is admissible. A witness’s testimony is documented as a series of questions and answers. A witness may only respond to a question; they are not allowed to make a speech to the court. Only the facts pertinent to the problem are included in the witness’ testimony. Examining a witness is the process of documenting the evidence. Section 140 of BSA, 2023 deals with the examination of witnesses present. In the Code of Criminal Procedure, Section 311 empowers the court to summon a material witness, or to examine a person present at “any stage” of “any enquiry”, or “trial”, or “any other proceedings” under CrPC, or to summon any person as a witness, or to recall and re-examine any person who has already been examined if his evidence appears to. Examination of witnesses is envisaged in the Code of Criminal Procedure whether in trials either session trial, warrant trial, or summary trial. In the Code of Civil Procedure, examination of witnesses is enumerated in order XVIII of rule 4 to 16. KINDS OF WITNESS EXAMINATION AND THEIR ORDER There are Three kinds of witness examination namely, (Section 142, BSA) 1. Examination In Chief 2. Cross – Examination 3. Re – Examination Examination-In-Chief The questioning conducted by the party who called the witness is known as a direct examination. On the opponent’s request, the testimony is then subjected to cross examination after being first scrutinized in chief. A witness is given an oath or affirmation before testifying in court. It is noted his name and address. The party calling the witness then has the power to interrogate him in order to extract any pertinent information that is in his possession and would tend to support his (the party calling the witness’) position. This is referred to as the chief examination. OBJECT OF EXAMINATION-IN-CHIEF The purpose of the chief cross-examination is to extract the facts and establish relevant facts in favour of the party who called the witnesses. In other words, the goal of his examination is to learn all the information possible on the cases of the parties he is aware of from the witnesses. Leading questions cannot be asked without the court’s approval and must be kept to the relevant facts. Cross-Examination The adverse party’s cross-examination of a witness is known as cross-examination. A party’s opponent has the right to cross-examine his chief witness after he has been examined. The importance of cross-examination is the questioning of witnesses summoned by one party’s attorney with the goal of either obtaining a favorable admission or discrediting the witness. OBJECT OF THE CROSS-EXAMINATION The objective of cross-examination is to determine whether the witness’s statements are true. It’s an attempt to dissect a witness or show that his testimony can’t be trusted. Cross-main examination’s purpose was to examine the accuracy, authenticity, and value of the evidence presented in chief, to shift the facts already stated by the witness, to identify and expose differences, and to produce suppressed evidence to substantiate the cross-examining party’s case. Re-Examination Re-examination refers to the examination of a witness after the defendant who called him has conducted cross-examination. The person who summoned the witness may be re-examined if he so chooses and if it is required. The cross-examination-only objections must be the only ones that are brought up during the re-examination. THE OBJECT OF RE-EXAMINATION Re-examination refers to the examination of a witness after the defendant who called him has conducted cross-examination. The person who summoned the witness may be re-examined if he so chooses and if it is required. The cross-examination-only objections must be the only ones that are brought up during the re-examination. LEADING QUESTIONS A leading question is a question which suggests an answer. It is a question which itself contains the answer. In other words, a leading question is one which leads the witness to the answer to be given by him. Section 146 permits leading questions to be put in cross-examination. However, section 146(2) prohibits a leading question being asked in chief examination or in a re-examination except with the permission of the court. There are two main reasons for prohibiting leading questions in Chief -examination and Reexamination. Firstly, chief examination and reexamination are examinations of the witness by the party calling such witness and therefore such witness is presumed to be biased in favour of the party who brings him. Secondly, the party calling the witness is likely to know beforehand what the witness will tell in the court, and if the party could ask the leading questions to his own witness, he would extract from the witness only such evidence that is favourable to him. Indecent and scandalous questions? Section 154 authorises the Court to forbid indecent or scandalous questions being asked even though such questions or inquiries may have some kind of bearing on the questions before the Court. But the Court however may permit such questions being asked if they relate to the facts in issue or to matters necessary to be known for the purpose of determining whether or not the facts in issue existed. More particularly in cases of rape, adultery, desertion, marriage and legitimacy, it may be necessary to put questions although they may be indecent and of scandalous form. Questions intended to insult or annoy? (Section 155) The Court is also authorised to forbid questions being put to the witness which appear to the Court to be intended to insult or annoy the witness although such questions may be proper but they are needlessly offensive in form. The reason behind forbidding such questions is that no respectable witness would be inclined to appear as a witness if questions are allowed to be put to him which are intended to insult or annoy him. HOSTILE WITNESS The term “Hostile Witness” does not appear in the Indian Evidence Act. When any witness is permitted by the court to be cross examined by the party who called him, the witness is popularly called hostile witness. If the court thinks from the evidence, demeanour, temper, attitude, tenor and tendency of answering the questions, from perusal of previous inconsistent statements of the witness that grant of permission is expedient to extract the truth and to do justice, the court can do so u/s. 157 of BSA. Hostile Witness-Credibility Simply because a witness has been declared hostile, his testimony does not become totally unreliable on that count. The evidence given by such witness remains admissible and there is no legal bar to pass a conviction upon his testimony, if corroborated by other reliable evidence. It is held by the Supreme Court that the evidence of hostile witness should not be totally rejected if spoken in favour of the prosecution or accused, but it can be subjected to close scrutiny and that portion of the evidence which is consistent with the case of the prosecution or defence may be accepted. STUDY SECTION 151, 158 AND 162, 163,164 FROM THE BARE ACT ITSELF.