Examination-in-Chief :
According to Section 137 of the Indian Evidence Act,1872 the examination of a witness, by the party who calls him, shall be called his examination-in-chief. This is also called as examination.
Every witness is first examined by the party who has called him, this process called his examination-in-chief. Section 138 provides Witnesses shall be first examined-in-chief then, if the adverse party so desires cross-examined and then if the party calling him so desires. re-examined.
Object / Purpose of Examination-in-chief :
The object / purpose behind conducting the examination-in-chief is to make the witness depose to what he has been called by the party calling him to prove. In other words, the object of his examination is to get him from the witness all material facts within his knowledge relating to the party's case. It must be confined to the relevant fact and no leading questions can be asked. except with the permission of the Court.
The court shall permit leading questions to be asked as to matters which are introductory or undisputed,or which have in its opinion, been already sufficiently proved.
Limit :
In Examination-in chief no leading questions can be put except in certain special cases. Leading question is one , which suggests the answer. only relevant questions should be asked.
It should be noted that in examination-in-chief, the lawyer conducting the examination of the witness, the lawyer should understand the nature and temperament of the witness and ask such questions which do not irritate the witness. The witness should be asked to answer calmly ans comfortably, and in his own manner as he likes to express in his own words.
See Also :
1) Cross Examination
2) Re-Examination
According to Section 137 of the Indian Evidence Act,1872 the examination of a witness, by the party who calls him, shall be called his examination-in-chief. This is also called as examination.
Every witness is first examined by the party who has called him, this process called his examination-in-chief. Section 138 provides Witnesses shall be first examined-in-chief then, if the adverse party so desires cross-examined and then if the party calling him so desires. re-examined.
Object / Purpose of Examination-in-chief :
The object / purpose behind conducting the examination-in-chief is to make the witness depose to what he has been called by the party calling him to prove. In other words, the object of his examination is to get him from the witness all material facts within his knowledge relating to the party's case. It must be confined to the relevant fact and no leading questions can be asked. except with the permission of the Court.
The court shall permit leading questions to be asked as to matters which are introductory or undisputed,or which have in its opinion, been already sufficiently proved.
Limit :
In Examination-in chief no leading questions can be put except in certain special cases. Leading question is one , which suggests the answer. only relevant questions should be asked.
It should be noted that in examination-in-chief, the lawyer conducting the examination of the witness, the lawyer should understand the nature and temperament of the witness and ask such questions which do not irritate the witness. The witness should be asked to answer calmly ans comfortably, and in his own manner as he likes to express in his own words.
See Also :
1) Cross Examination
2) Re-Examination
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