Examination of Witness under Indian Evidence Act | Civil Law for Judiciary Exams PDF Download

Witness and Examination of Witnesses

A witness is someone who sees, knows, or vouches for something and gives testimony under oath or affirmation, in person or by deposition. The questioning of a witness is crucial in presenting evidence to a court, where admissibility of facts is determined by judicial officers. Testimony is usually in a question and answer format, with the witness providing factual information relevant to the case.

Examination of Witnesses

• Section 136 of Evidence Act: "Judge to decide as to admissibility of evidence"
• Section 137 of Evidence Act: "Examination in chief"
• Section 138 of Evidence Act: "Order of examinations"
• Section 139 of Evidence Act: "Cross-examination of person called to produce a document"
• Section 140 of the Evidence Act: "Witnesses to character"
• Section 143 of Evidence Act: "When they may be asked"
• Section 144 of Evidence Act: "Evidence as to matters in writing"
• Section 145 of Evidence Act: "Cross-examination as to previous statements in writing"
• Section 146 of Evidence Act: "Questions lawful in cross-examination"
• Section 147 of Evidence Act: "When witness to be compelled to answer"
• Section 148 of Evidence Act: "Court to decide when question shall be asked and when witness compelled to answer"
• Section 149 of Evidence Act: "Question not to be asked without reasonable grounds"
• Section 150 of Evidence Act: "Procedure of Court in case of question being asked without reasonable grounds"
• Section 151 of Evidence Act: "Indecent and scandalous questions"
• Section 152 of Evidence Act: "Questions intended to insult or annoy"
• Section 153 of Evidence Act: "Exclusion of evidence to contradict answers to questions testing veracity"

In the examination of witnesses, different sections of the Evidence Act govern the process. It includes the order of examinations, types of questions allowed, and the importance of maintaining integrity and relevance in questioning witnesses during legal proceedings.

Leading Questions (Section 141, 142)

Section 141 of the Evidence Act - Understanding Leading Questions

• Leading questions are queries that suggest the desired answer and are typically posed by the person asking the question.

Section 142 of the Evidence Act - Restrictions on Asking Leading Questions

• Even with the Court's approval, leading questions should not be directed towards the adverse party during examination-in-chief or re-examination.
• The Court permits questions regarding introductory or undisputed matters or those already sufficiently identified.

Hostile Witness (Section 155)

• Definition: Section 155 of the Evidence Act deals with "Impeaching the credit of a witness."
• Methods to Challenge Witness Credibility:
  • Testimony of individuals who believe the witness is untrustworthy based on their experience.
  • Evidence of bribery, acceptance of bribes, or unethical behavior by the witness.
  • Prior statements by the witness that contradict their current testimony.
  • Details omitted in the Indian Evidence Amendment Act, 2002.
• Explanation: When one witness questions the credibility of another witness, they are not required to provide reasons at the time of their testimony. However, their reasons can be probed during cross-examination.
• Illustrative Examples:
  • (a) In a case where A is suing B for products, if witness C claims to have shipped the goods to B, but evidence shows C previously denied supplying goods to B, the contradictory statement is admissible.
  • (b) In a murder case where A is accused of killing B, if witness C states that B accused A of the fatal wound but then contradicts this in a prior statement, that contradiction can be presented as evidence.

Refreshing Memory (Section 159)

• Witness Refreshing Memory:
  • A witness can refresh their memory during questioning by referring to any notes they made at the time of the event being discussed or shortly thereafter when the memory was fresh.
  • The witness is also allowed to refer to any accurate document created by another person that they read at the relevant time.
• Using Document Copies:
  • With court permission, a witness can refer to a copy of a document to refresh their memory if there is a valid reason for not presenting the original.
  • An expert can also refresh their memory by consulting professional treaties.
• Legal Precedent - Jivan Lal Dage v. Nitmani:
  • In a specific case, the court allowed a plaintiff to refresh their memory by looking at entries in their books of accounts when the plaintiff's brothers were unavailable in a timely manner.
  • The court considered the proof under Section 159 valid, even when the document was not initially listed as required by the law.
  • Documents filed late can still be used to aid in memory recall.

Conclusion

In conclusion, witness examination holds paramount importance in legal proceedings, regardless of whether the case falls within the civil or criminal domain. Both procedural laws, governing civil and criminal matters, provide clarity on the process of examining witnesses. Sections 135 to 166 of the Indian Evidence Act delineate the nuances of witness examination, addressing critical aspects such as the party authorized to initiate the witness examination, the agreement on relevant facts during the examination, and the permissible and impermissible questions during cross-examination by the advocate. These legal provisions contribute to the systematic and fair conduct of witness examinations in judicial proceedings.