Examination of witnesses in criminal proceedings visnu.k

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Examination of Witnesses in Criminal Proceedings-Forensic Medicine-

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Examination of witnesses in criminal proceedings visnu.k

  1. 1. ByVisnu.K
  2. 2. OATH TAKING… • Before deposition of evidence begins witness must take an oath. • Unoathed Evidence is not admissible. Except if the person is below 7 years of age.
  3. 3. THE ACCUSED…A person who is charged with a criminal offense is called Accused.The accused cannot be an eligible witness (s.16, s.17).
  4. 4. RECORDING OF EVIDENCEAfter taking Oath,the Evidence is recorded bythe following four steps:-Examination in chiefCross ExaminationRe-ExaminationCourt Questions.
  5. 5. EXAMINATION IN CHIEFThis is examination of a witness by/on behalf of the party who called him(Prosecuter).In criminal cases, public prosecutor does it .
  6. 6. LEADING QUESTIONS A leading question is a question which either suggests the desired answer may be by a simple ‘yes or ‘no’ As a general rule, leading questions should not be asked during examination in chief, though there are exceptions. Exceptions are when the witness becomes Hostile,Questions become leading questions.
  7. 7. CROSS-EXAMINATION
  8. 8.  This is examination of a witness by/on behalf of a party other than the party who called him(Defence lawyer). Leading questions may be asked. There is no time limit for cross examination.It may last for hours or even days. Defence lawyer may cross-examine to weaken the witness by proving it untrustworthy or unbelievable. Judge may disallow the irrelevant question and cut short the cross-examination.
  9. 9. RE-EXAMINATION… This is again conducted by/on behalf of the party who called the witness(prosecutor). Leading questions should not be asked No questions relating to new matters are to be asked without the permission of the court. If new matters are asked Defence will take another chance of cross-examination.
  10. 10. COURT QUESTIONS… The judge can ask any question to the witness in 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 any typographic corrections,all must be corrected and signed by the presiding officers. Witness is liable to be called again if necessary.

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