The examination of witnesses is a very important part where parties present their case through their witnesses. The types of witness examinations as discussed under Bharatiya Sakshya Adhiniyam,2023(BSA) and their order helps in making sure of a just,fair and organized process.
What is a Witness Examination of Witness?
Examination of Witness is the process through which parties present and challenge in the court the evidence provided by witnesses.There are 3 main stages of examinations- examination-in-chief, cross-examination, and re-examination as provided under BSA.( Earlier under section 137-138 of Indian Evidence Act)
Key Components
- Examination-in-Chief:This examination is the first preliminary stage for questioning a witness by the party who called them to testify. Its aim is to set up facts and evidence that support the case of the party.
- Cross-Examination:This second stage of examination comes after the examination-in-chief and is conducted by the opposing party. The main aim is to challenge the testimony of witnesses, test their credibility, character and uncover inconsistencies.Leading questions can be asked during cross-examination even without court permission or objections from the opposing party. In cases of witness hostility, leading questions are allowed even by the party calling the witness.
- Re-Examination: After the cross-examination, this is the third stage under which the party who called the witness in the preliminary stage may conduct re-examination. This stage purpose is to clarify or rebut issues which were raised during cross-examination. It is mainly interested in addressing points brought up by the opposing party’s questions.
Exceptions
- Cross-Examination : Even though cross-examination usually revolves around the facts which were covered in examination-in-chief, it is not limited to those facts only. The opposing party can ask additional questions to test the credibility,trustworthiness of the witness and the reliability of their testimony.
- Re-Examination : Re-examination should usually revolve around the matters raised during cross-examination. However, just in case if new issues arise during re-examination with the permission of the court, the opposing party can engage in further cross-examination on those new matters.
Examples
Visualize a picture in a trial where a witness testifies in favor of the plaintiff during examination-in-chief about a dispute in a contract. During cross-examination, the opposing party may ask the witness about their knowledge of related contract terms which was not covered in the initial testimony. Afterwards, the plaintiff’s attorney may do re-examination to clarify any misconceptions or misstatements that arose during cross-examination.
Why is this important?
These stages provided from Section 142 to143 of Bharatiya Sakshya Adhiniyam,2023(BSA) makes sure that the examination process is conducted properly and comprehensively. It permits a systematic approach to presenting and challenging evidence, which is important for achieving justice.
The systematic approach to witness examination with examination-in-chief, cross-examination, and re-examination plays a significant role in the judicial process. It helps to uncover the truth, test the credibility and reliability of testimonies, and makes sure that all relevant facts are properly examined.
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