Examination-in-Chief under Law of evidence
Examination-in-Chief
Definition:
Examination-in-Chief (also called direct examination) is the initial questioning of a witness by the party who called that witness to testify. It is the first stage of oral evidence presentation during a trial.
Purpose:
To elicit relevant facts from the witness supporting the case of the party who called the witness.
To establish the witness's version of events or facts without leading the witness.
Key Features:
Conducted by the Examining Party:
The lawyer or party who called the witness asks questions to elicit the witness’s testimony.
No Leading Questions Allowed:
Leading questions are those that suggest the answer within the question itself (e.g., “You saw the accused at the scene, didn’t you?”). These are generally not allowed during examination-in-chief to avoid coaching or prompting.
Open-Ended Questions:
The questions should be open-ended to allow the witness to narrate facts in their own words (e.g., “What did you see on the day of the incident?”).
Objective:
To build the foundation of the case and create a factual narrative supporting the party’s claims.
Legal Provisions in Indian Evidence Act, 1872:
Section 135:
States that leading questions cannot be asked in the examination-in-chief except to prove a previous statement of the witness or with the court’s permission.
Section 136:
Explains the situations when a leading question may be allowed in the examination-in-chief, such as to refresh the witness's memory or where the witness is hostile.
Section 138:
Deals with the cross-examination of hostile witnesses, allowing leading questions if a witness turns hostile.
Process:
Witness called and sworn in.
Examination-in-chief begins with open questions related to the facts the witness is expected to prove.
The witness provides evidence to support the case.
After completion, the opposing party may cross-examine the witness.
Example:
Attorney: “Please describe what you witnessed on the night of July 5th.”
Witness: “I saw the accused leaving the shop around 9 PM.”
Note: The attorney does not ask: “You saw the accused leave the shop at 9 PM, didn’t you?” (leading question) during examination-in-chief.
Importance:
Sets the foundation for the case.
Helps establish facts through reliable, first-hand accounts.
Helps the judge or jury understand the narrative from the party’s perspective.
Do write to us if you need any further assistance.
RELATED Blog
0 comments