Examination of witnesses
Full Text
(1) The examination of a witness by the party who calls him shall be called his examination-in-chief.
(2) The examination of a witness by the adverse party shall be called his cross-examination.
(3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination.
Plain English Summary
Formally defines the three stages of examining a witness in court: examination-in-chief, cross-examination, and re-examination.
Key Legal Elements
- Defines Examination-in-chief as the first questioning of a witness by the party who called them.
- Defines Cross-examination as the questioning of that witness by the opposing/adverse party.
- Defines Re-examination as the follow-up questioning by the calling party after cross-examination.
Practical Note
These definitions form the bedrock of litigation strategy. Examination-in-chief is used to build your own case and bring positive facts on record. Cross-examination is the ultimate tool to test the veracity of the witness and break down the opponent's case. Re-examination is strictly restricted to explaining matters introduced in cross-examination; you cannot introduce new matters here without court permission.
हिंदी पाठ
(1) किसी साक्षी की उस पक्षकार द्वारा जो उसे बुलाता है, परीक्षा उसकी मुख्य परीक्षा कहलाएगी।
(2) किसी साक्षी की विरोधी पक्षकार द्वारा परीक्षा उसकी प्रतिपरीक्षा कहलाएगी।
(3) किसी साक्षी की प्रतिपरीक्षा के पश्चात् उस पक्षकार द्वारा जिसने उसे बुलाया था, परीक्षा उसकी पुनःपरीक्षा कहलाएगी।