Examination of Witness | Civil Law for Judiciary Exams PDF Download

Who is a witness?

• A witness is an individual possessing relevant knowledge about a specific matter. In legal settings, this person provides testimony under oath or affirmation in court.

Admissibility of Evidence by Judges

• Section 136 addresses the arrangement and presentation of witnesses. Judges, as per this section, hold the authority to determine the admissibility of evidence provided by witnesses.

Stages in Witness Examination

• Examination in Chief: This stage involves the party who calls the witness conducting the examination themselves. It is known as examination in chief.
• Cross-Examination: Here, the witness is examined by the opposing party. According to section 143, leading questions are permitted during this phase.
• Re-Examination: After cross-examination, the party who initially called the witness can re-examine them. It is essential for a witness to be examined in chief before being cross-examined, as per legal requirements.

The sequence of witness examination is prescribed in Section 138, where the witness must first undergo examination in chief, followed by cross-examination and re-examination.

Section 139 clarifies that merely producing a document does not automatically qualify a person as a witness who can be cross-examined.

Understanding Leading Questions

• A leading question is one that already implies or suggests the answer desired by the person asking it. In legal contexts, these questions are particularly relevant during cross-examinations.

Definition of Leading Questions

• As per Section 141 of the Indian Evidence Act, a leading question is described as any question that guides or expects a specific answer from the witness.

Cross-Examination with Previous Statements

• Section 145 enables the cross-examination of a witness based on their previous statements, whether oral or written.

Using Previous Statements

• Section 146 outlines the types of questions permissible during cross-examination, including those that test the witness's truthfulness, establish identity, or challenge their character.
• Questions can only be asked if they are relevant to the proceedings or if they impact the witness's credibility by attacking their character.

Permissible Questioning

• Section 148 of the Indian Evidence Act empowers the court to decide whether a witness must answer questions that may affect their reputation.
• Questions should always be grounded in relevance, as mandated by Section 149.

Example for Clarity

• For instance, if there is credible information suggesting a witness has a criminal history, it is acceptable to ask the witness directly about this information.

Unacceptable Questions

• Any question lacking a reasonable basis is not permissible under Section 150. If such questions are asked, they should be reported to the appropriate authorities.
• Questions that are scandalous, indecent, or offensive are strictly prohibited under Section 152 to maintain the decorum of legal proceedings.

By adhering to these guidelines and regulations, the legal system ensures fair and respectful treatment of witnesses during cross-examinations.

No Further Evidence Given

• Under Section 153, when a witness is asked a relevant question that undermines their credibility, no further evidence can be presented to contradict them.
• Exceptions to this rule:
  • If a witness has a previous conviction for a crime and denies it, evidence of the conviction can be presented.
  • When a question challenges a witness's impartiality and they deny the facts, they can be contradicted.
• Illustration:
  • If a claim against an underwriter is based on fraud, and the claimant is asked about a previous fraudulent claim, denying it, evidence can be provided to prove otherwise.

Impeaching the Credit of Witness

Witness credibility can be challenged in the following ways:

• Testimony from someone familiar with the witness indicating their lack of credibility.
• Evidence of bribery or other incentives to testify falsely.
• Prior inconsistent statements that can be proven false, within the limits of the law.

Examples:

• An individual who knows the witness well can testify that the witness is not trustworthy.
• If there is evidence showing the witness was bribed or coerced, their credibility can be questioned.
• If the witness has made contradictory statements in the past that can be disproven, their testimony may be discredited.