Examination in chief, Cross examination, Re examination I Section 137 & 138 the Evidence Act,1872

Описание:    • The Evidence Act,1872  

Examination in Chief
Examination in chief is defined under Section 137 of the Evidence Act, when the party calls a witness in the examination of witnesses that is called examination in chief. Examination in chief is the first examination of witnesses after the oath. It is the state in which party called a witness for examining him in chief for the purpose of eliciting from the witness all the material facts within his knowledge which tend to prove the party’s case. It is also known as Direct Examination.

The objective of Examination in Chief
It overcomes the burden of proof legally sufficient.
Remembered and understand.
Persuasive.
Hold the cross-examination.
Contradictory and anticipatory and of evidence that the opposition will present.

Cross Examination
After finishing the examination in chief, cross-examination will start. In the cross-examination defendant lawyer asks the cross-question which was asked by the prosecutor. Defendant lawyer may ask the questions which are related to the facts and the defendant can also ask the leading question in the cross-examination which were not allowed in the examination in chief. Cross examination is very important in the examination of witnesses, due to the cross-examination many facts get clear because in the cross-examination defendant analyse all the statements of the witnesses then asks cross question related to the statement which was given by the witnesses in the examination in chief. The Defendant can also ask the question which was not related to the examination in chief but related to the facts of evidence.

Re examination
The party who attend the witness for the cross-examination shall be called re-examination. If the party not subjecting to cross-examination as per the court order then it is not safe to trust on examination in chief.