by | Sep 25, 2023


  • 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 within the witness’s knowledge that support the calling party’s case.
  • Importance : Failure to conduct Examination-In-Chief on a specific fact or issue, without subsequent cross-examination, renders that testimony unreliable and inadmissible.


  • Definition : As per Section 137, when the adverse party questions a witness, it’s termed “Cross-Examination.”
  • Order : Section 138 establishes Cross-Examination as the second phase and allows flexibility in whether the adverse party chooses to cross-examine after examination in chief.
  • Scope : Cross-Examination must pertain to relevant facts, but it need not be limited to the same facts covered during examination in chief.
  • Leading Questions : Leading questions can be posed during Cross-Examination without court approval or objections from the opposing party. In cases of witness hostility, leading questions are permitted even by the party calling the witness.


  • Definition : Section 137 dictates that after cross-examination, the party who initially called the witness conducts “Re-Examination.”
  • Focus : Section 138, paragraph 3, limits re-examination to matters arising during cross-examination, aiming to clarify and explain any ambiguities in the witness’s prior statements.
  • Permission for New Matter : The court’s permission is required to introduce new matters during Re-Examination, with the adverse party retaining the right to cross-examine the witness on these points.

In summary, Examination Of Witnesses under Indian Evidence Act provides a structured framework for witness examination in legal proceedings, ensuring a comprehensive exploration of evidence while maintaining fairness and relevance.


1-https://m.timesofindia.com/india/cant-defer-witness-deposition-at-accuseds-request-sc/amp_articleshow/66531206.cms -THE TIMES OF INDIA

2-https://indianexpress.com/article/cities/pune/dabholkar-murder-case-cross-examination-former-investigating-officer-concludes-8926090/lite/ -THE INDIAN EXPRESS

3-https://indianexpress.com/article/cities/delhi/delhi-hc-witness-cross-examination-of-witness-should-conclude-within-reasonable-time-8592854/lite/ -THE INDIAN EXPRESS

4-https://www.ndtv.com/india-news/hc-refuses-to-call-child-victim-with-special-needs-for-re-examination-in-sexual-assault-case-3569970 -NDTV

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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