MP Civil Judge 2021 Paper 3

What do you understand by Examination in chief, cross Examination and Re-Examination of witness?

Verified Answer

In the context of legal proceedings, particularly under the Indian Evidence Act, 1872, the examination of a witness follows a specific sequence to elicit facts and test credibility. This sequence comprises Examination-in-Chief, Cross-Examination, and Re-Examination:

  1. Examination-in-Chief (Direct Examination):

    • Definition: This is the first stage of examining a witness. It is conducted by the party who calls the witness to testify in court.
    • Purpose: The primary objective is to elicit facts and information from the witness that are favorable to the case of the party calling them. The witness narrates their version of events or provides information relevant to the party's claims.
    • Rules: Generally, leading questions (questions that suggest the answer) are not allowed during examination-in-chief, as they might influence the witness's testimony. The witness is expected to state facts from their own knowledge and recollection.
  2. Cross-Examination:

    • Definition: This stage follows the examination-in-chief. It is conducted by the adverse party (the party against whom the witness has been called).
    • Purpose: The main objectives of cross-examination are:
      • To test the veracity (truthfulness) of the witness's statements made during examination-in-chief.
      • To discover facts that are favorable to the cross-examining party's case.
      • To impeach the credit of the witness (i.e., to show that the witness is not credible or reliable).
      • To bring out contradictions or inconsistencies in the witness's testimony.
    • Rules: Unlike examination-in-chief, leading questions are expressly permitted during cross-examination. The scope of cross-examination is generally wider than examination-in-chief and can cover not only facts relevant to the issue but also facts tending to impeach the witness's credibility.
  3. Re-Examination:

    • Definition: This is the final stage of examination and is conducted by the party who originally called the witness, after the cross-examination is complete.
    • Purpose: The sole purpose of re-examination is to explain any ambiguities, clarify any new matters, or reconcile any apparent contradictions that may have arisen during cross-examination. It allows the party who called the witness to address any damage done to their witness's testimony during cross-examination.
    • Rules: Re-examination must be confined to the explanation of matters referred to in cross-examination. New matters cannot be introduced without the permission of the court. If new matters are introduced with court permission, the adverse party then has a right to further cross-examine the witness on those new matters. Leading questions are generally not allowed during re-examination.