EXAMINATION OF WITNESS

Examination of Witness

The examination of witnesses is a critical part of the trial process, where oral evidence is presented before the court.

There are three main types of witness examination:

Conducted by the party who calls the witness.

Purpose: To elicit the facts favorable to that party’s case.

No leading questions allowed (except in special cases).

Conducted by the opposing party.

Purpose: To test the credibility of the witness and the accuracy of their testimony.

Leading questions are allowed.

Conducted by the party who called the witness after cross-examination.

Purpose: To clarify or explain any issues raised during cross-examination.

Leading questions are generally not allowed.

Section	Provision
135	No leading questions during examination-in-chief (except with court permission or for proving previous statements)
136	When leading questions are allowed during examination-in-chief
137	Leading questions allowed in cross-examination and re-examination
138	Handling hostile witnesses

Summoning and Oath
Witness is called to the stand and sworn in.

Examination-in-Chief
The party who called the witness questions them to establish facts.

Cross-Examination
Opposing party questions to challenge the evidence.

Re-Examination
The original party may ask further questions to clarify points.

Eyewitness: Saw the event directly.

Expert Witness: Provides specialized knowledge or opinion.

Character Witness: Testifies about the character of a party or witness.

Hostile Witness: A witness who is adverse to the party who called them.

Witnesses must testify about facts within their knowledge, not opinions (except expert witnesses).

Evidence must be relevant and admissible.

Witness examination follows the principle of natural justice — the right to be heard and cross-examined.

Stage	Conducted By	Leading Questions Allowed?	Purpose
Examination-in-Chief	Party who calls witness	No (with exceptions)	To elicit favorable facts
Cross-Examination	Opposing party	Yes	To test credibility and accuracy
Re-Examination	Party who calls witness	Generally No	To clarify and explain