Evidence law

QUESTIONING A HOSTILE WITNESS (SECTION 154)

DEFINING A HOSTILE WITNESS The Indian Evidence Act does not explicitly define a Hostile Witness. A Hostile Witness is typically characterized by their conduct, demeanor, or unwillingness to disclose the truth, which indicates an unfriendly disposition toward the party...

REFRESHING MEMORY (SECTION 159-160)

INTRODUCTION Witness testimony plays a crucial role in legal proceedings, and to be an effective witness, one must accurately recall and communicate facts. Sections 159 and 160 of the Indian Evidence Act address the concept of Refreshing a Witness's Memory to ensure...

IMPEACHING CREDIT OF WITNESS (SECTION 155)

DEFINITION OF IMPEACHING CREDIT  Impeaching The Credit Of A Witness under Indian Evidence Act,involves revealing their true character before the court, leading to a loss of trust in their testimony. This can be initiated by the opposite party or, with court...

EXAMINATION OF WITNESSES (SECTION 137-138)

EXAMINATION-IN-CHIEF Definition : Section 137 designates the witness examination by the party who calls them as "Examination-In-Chief," with Section 138 emphasizing its priority. Objective : The primary goal of Examination-In-Chief is to extract all material facts...

LEADING QUESTIONS (SECTION 141-143) 

SECTION 141: DEFINING LEADING QUESTIONS  Section 141 is pivotal in understanding what constitutes a Leading Question under Indian Evidence Act.It states that a question is leading when it suggests the answer that the questioner desires to receive. In essence, Leading...