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EXAMINATION OF
WITNESS
SUBMITTED BY:- SUBMITTED TO:-
HARDIK SAXENA MR. JASDEEP AHUJA
01913403818 ASSISTANT PROFFESOR
(SCHOOL OF LAW)
AND
PRAVEEN KUMAR YADAV
04113403818
THEACCUSED…
Apersonwhoischargedwithacriminal
offenseiscalledAccused.
Theaccusedcannotbeaneligiblewitness
(s.16,s.17).
RECORDINGOFEVIDENCE
AftertakingOath,theEvidenceisrecordedby
thefollowingfour steps:-
Examinationin chief
CrossExamination
Re-Examination
CourtQuestions.
Section 135 of the Indian Evidence
Act deals with the examination of
witnesses present. ...
The examination of a witness by the
party who calls that witness is called
the Examination-in-Chief.
The examination is only confined to
relevant facts and leading questions are
not asked.
EXAMINATIONINCHIEF
Thisisexaminationofawitnessby/onbehalf
of thepartywhocalledhim(Prosecuter).
Incriminalcases,publicprosecutordoesit .
Examination in Chief is the
first examination after the witness has
been sworn or affirmed. It is a province of a
party by whom the witness is called to
examine him in chief for the purpose of
eliciting from the witness all the material
facts within his knowledge which tend to
prove the party's case.
LEADINGQUESTIONS
 Aleadingquestionisaquestionwhicheithersuggests
the desired answer maybe by asimple ‘yes or ‘no’
 Asageneralrule,leadingquestionsshouldnotbe
askedduringexaminationinchief,thoughthereare
exceptions.
 Exceptionsarewhenthewitnessbecomes
Hostile,Questionsbecomeleading questions.
CROSS-EXAMINATION
 This is examination of a witness by/on behalf of a
party other than the party whocalled him(Defence
lawyer).
 Leadingquestionsmaybe asked.
 Thereisnotimelimitforcrossexamination.Itmay
lastforhoursoreven days.
 Defencelawyermaycross-examinetoweakenthe
witnessbyprovingit untrustworthyor
unbelievable.
 Judge maydisallow theirrelevantquestionand
cutshortthe cross-examination.
RE-EXAMINATION…
 Thisisagainconductedby/onbehalfoftheparty
whocalledthewitness(prosecutor).
 Leadingquestionsshouldnot beasked
 Noquestionsrelatingtonewmattersaretobe
askedwithoutthepermissionofthecourt.If new
mattersareaskedDefencewilltakeanotherchance
of cross-examination.
COURTQUESTIONS…
 Thejudgecanaskanyquestiontothewitnessin any
stage of the trial in order to clarify certain facts.
 The evidence recorded by the presiding officers
sholud be given to the witness to read fully and
sign.
 If anytypographiccorrections,allmustbecorrected
andsignedbythepresidingofficers.
 Witnessisliabletobecalledagainif necessary.
HOSTILE WITNESS
A hostile witness may be defined as one
who from the manner in which he
gives evidence (within which is included
the fact that he is willing to go back upon
previous statements made by him),shows
that he is not desirous of telling the truth to
the court where therefore one comes
across a witness of this description.
Examination of Witnesses in Criminal Trials

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Examination of Witnesses in Criminal Trials