Introduction

Witness examination is an integral part of a trial. Witness testimonies are a very important part of evidence as the person making the statements has personally witnessed the incident. Section 135 to165 of the Indian Evidence Act, 1872 deals with the examination and cross-examination of witnesses.

Cross-examination

It is a direct outcome of the principles of natural justice that allows a person to have a trial fairly. The object of the cross-examination is to elicit truths and detect falsehoods in the testimony of a witness. A cross-examination is conducted to destroy the credibility of the witness or the reliability.

Good Faith Basis Rule

The concept of good faith applies to the court procedures and proceedings including witness evidence. At the stage of cross-examination, the statements provided to the court must be in the form of an affidavit or answers to questions that are true and verifiable on part of the witness while the lawyers have to follow certain principles.

In the case of B.S. Balaji v. T. Govindaraju, MANU/KA/0554/1995 ^– The Court held that a managing director had the right to cross-examination another director who is charged for embezzling a certain amount of money from the firm as the Managing Director was an adverse party due to the acts of the embezzling partner.

In Govind Narain v. Smt. Chhoti Devi, MANU/RH/0040/1966^– The Court ruled that an expert witness called under the provisions of the Evidence Act can be recalled after he gives his observations by the cross-examiner to verify the credibility of the expert. The court was convinced about the credibility of a handwriting expert after cross-examination.

1. Amruta v. C. Manivanna Bhupathy, MANU/TN/7206/2007^– In the instant matter the court compared the validity of the cross-examination of children as per the provisions of Section 118 of the Evidence Act and ruled that there would be no disqualification for a child witness. It clarified that before the outcome of such cross-examination is accepted, the evidence needs to be corroborated through a preliminary enquiry. It was further stated that the court would not be allowed to permit a child to take oath as the child is incompetent to understand the consequences of the same.

Examination in Chief

Section 137 of the Evidence Act deals with an examination in chief which says that when the party who calls the witnesses and the same party examine the witnesses it is called an examination in chief. It is the first examination of witnesses after the oath. This is also known as direct evidence.

Questions asked in an examination-in-chief

General questions are asked in the examination in chief that relates to the facts of the evidence. It is noteworthy that no leading questions will be asked in the examination in chief. The same may be asked only during the cross-examination and re-examination.

Objective of Examination in Chief

1. It is competent to be a witness and that he remembers the facts and understand the implication of his statement.
2. It establishes the admissibility of the testimonial evidence that is given.
3. It is used to build your case, make your contentions strong, to prove your contentions, etc.

Difference between examination in chief and cross-examination

Conclusion

Examination of witnesses is a very important stage for any case be it of civil or criminal nature. Section 135 to 166 of the Evidence Act in India explains the examination of witnesses covering all the details including who can first examine the witnesses during the examination of witnesses and what are the relevant facts are accepted during the examination of witnesses.

The provisions also contain detail regarding the questions that can be asked by an advocate during the cross-examination of witnesses; that leading questions can be asked only during the stage of cross-examination. Indeed, a well-planned cross-examination can indeed make a huge difference between winning and losing a trial.