Law of Evidence - Witnesses and Examinations of Witnesses
Short Note
1. Introduction:
The law of evidence plays a crucial role in the administration of justice, ensuring that facts and testimonies presented in court are reliable and admissible. Witness testimony forms a significant part of the evidence presented during legal proceedings. This article will explore the various aspects of witnesses and examinations of witnesses under the law of evidence.
2. Witnesses (Sections 118-134):
Witnesses are individuals who provide their knowledge or observations about the facts in a legal case. The law recognizes different types of witnesses and lays down rules regarding their competence, examination, and credibility. Let's delve into the key sections related to witnesses.
2.1 Section 118: Competence of a Witness This section outlines the general requirements for a witness to be considered competent to give evidence in court. It discusses factors such as mental capacity, age, and understanding of the obligation to speak the truth.
2.2 Section 119: Dumb Witnesses In cases where a witness is unable to speak, Section 119 addresses how such witnesses can still provide their testimony by using alternative methods of communication.
2.3 Section 120: Judges and Magistrates as Witnesses Section 120 deals with the circumstances under which judges and magistrates can be called as witnesses, the process for their examination, and the impact it may have on their judicial duties.
2.4 Section 121: Number of Witnesses This section discusses the number of witnesses required to prove or disprove a fact and the significance of corroborative evidence.
2.5 Section 122: Order and Production of Witnesses Section 122 elucidates the procedure for summoning witnesses and the consequences of non-compliance with such summons.
2.6 Section 123: Exclusion of Evidence to Contradict Answers to Questions Testing Veracity Section 123 explores situations where the cross-examination of a witness aims to test their veracity and the limitations imposed on introducing evidence contradicting their answers.
2.7 Section 124: Witness Not Excused from Answering on Ground of Incrimination This section establishes that a witness cannot refuse to answer a question on the grounds that their response may incriminate them, except in specific situations mentioned in the law.
2.8 Section 125: Privilege of Witnesses Section 125 outlines the types of witnesses who enjoy certain privileges, such as the right to not disclose certain confidential communications made to them in their professional capacity.
2.9 Section 126: Professional Communications Section 126 delves into the scope and exceptions of professional communications that are privileged and, therefore, protected from disclosure.
2.10 Section 127: Official Communications This section addresses the privilege accorded to official communications between public officers, protecting them from disclosure unless permitted by law.
2.11 Section 128: Confidential Communications with Legal Advisors Section 128 highlights the privilege attached to confidential communications between clients and their legal advisors, safeguarding their confidentiality.
2.12 Section 129: Section 129: Confidential Communications with Attorneys-General Section 129 extends the privilege of confidential communications to cases involving the Attorney-General and their legal advisors.
2.13 Section 130: Production of Title-Deeds of Witness Not a Party This section outlines the procedure for the production of title-deeds in cases where a witness, who is not a party to the suit, possesses such documents.
2.14 Section 131: Witnesses to Character Section 131 deals with witnesses who testify regarding the character of a person involved in the case, considering both their general reputation and specific instances of conduct.
2.15 Section 132: Witnesses to Opinion as to Existence of Right or Custom Section 132 discusses witnesses who provide their opinion on matters such as the existence of a right or a particular custom relevant to the case.
2.16 Section 133: Order of Production and Examination of Witnesses This section outlines the order in which witnesses are to be produced and examined during a trial, ensuring an organized and systematic process.
2.17 Section 134: Judge to Decide as to Admissibility of Evidence Section 134 establishes that it is the judge's responsibility to determine the admissibility of evidence, ensuring that only relevant and reliable evidence is presented before the court.
3. Examinations of Witnesses (Sections 135-166):
The examination of witnesses plays a critical role in eliciting relevant information and testing the veracity of their statements. Let's explore the key sections related to the examination of witnesses.
3.1 Section 135: Order of Examination Section 135 outlines the sequence of examination, starting with the examination-in-chief, followed by cross-examination and re-examination.
3.2 Section 136: Leading Questions This section discusses the use of leading questions during examinations, exploring when they are allowed and their limitations.
3.3 Section 137: Cross-Examination of Previous Statements Section 137 deals with the cross-examination of witnesses regarding their previous statements and the scope and limitations associated with it.
3.4 Section 138: Order of Production and Examination of Witnesses Section 138 emphasizes the order in which witnesses are produced and examined during a trial, ensuring a systematic and efficient process.
3.5 Section 139: Cross-Examination of Person Called to Produce a Document This section addresses the cross-examination of individuals called upon to produce a document in court and the scope of such examination.
3.6 Section 140: Questions which may be asked Section 140 outlines the types of questions that may be asked during the examination-in-chief, cross-examination, and re-examination of witnesses.
3.7 Section 141: Leading Questions Section 141 discusses the use of leading questions during examinations-in-chief, cross-examinations, and re-examinations.
3.8 Section 142: When They Must Not Be Asked This section highlights situations where leading questions must not be asked during the examination of witnesses.
3.9 Section 143: Re-Examination Section 143 delves into the purpose and scope of re-examination, allowing the party calling the witness to clarify or reinforce their testimony.
3.10 Section 144: Judge's Power to Put Questions or Order Production This section empowers the judge to ask questions to any witness in the interest of justice and also to order the production of any document.
3.11 Section 145: Cross-Examination as to Previous Statements in Writing Section 145 allows cross-examination regarding previous written statements made by a witness, providing an opportunity to test their consistency.
3.12 Section 146: Questions lawful in Cross-Examination Section 146 outlines the types of questions that may be asked during cross-examination, ensuring they are relevant, non-defamatory, and aimed at testing credibility.
3.13 Section 147: When Witness to be Compelled to Answer This section discusses the circumstances under which a witness can be compelled to answer questions during cross-examination, even if the answers may incriminate them.
3.14 Section 148: Court to Decide when Question shall be Asked and When Witness Excused Section 148 vests the court with the authority to decide when a question must be asked during cross-examination and when a witness may be excused from answering.
3.15 Section 149: Question Not to be Asked without Reasonable Grounds This section establishes that questions should not be asked during cross-examination unless there are reasonable grounds for believing that the facts asked about are relevant.
3.16 Section 150: Impeaching Credit of Witness Section 150 explores the methods by which a witness's credibility may be impeached, allowing evidence to be presented to challenge their trustworthiness.
3.17 Section 151: Indecent and Scandalous Questions Section 151 prohibits the asking of indecent and scandalous questions during the examination of witnesses, ensuring decorum and respect in court proceedings.
3.18 Section 152: Question Tending to Contradict This section addresses the admissibility of questions aimed at contradicting a witness's previous statements, ensuring fairness and accuracy in the examination.
3.19 Section 153: Exclusion of Evidence of Questions not Crossed Section 153 deals with situations where evidence cannot be presented regarding questions that were not asked during cross-examination.
3.20 Section 154: Questions by Party to His Own Witness Section 154 allows a party to ask leading questions to their own witness during cross-examination, ensuring a fair and comprehensive exploration of the facts.
3.21 Section 155: Refreshing Memory Section 155 discusses the process of refreshing a witness's memory through documents, ensuring accuracy in their testimony.
3.22 Section 156: Using, as Evidence, of Document Production without Formal Proof This section allows the use of documents produced in court without formal proof, subject to certain conditions, facilitating a more efficient presentation of evidence.
3.23 Section 157: Former Statements of Witness may be Proved to Contradict Section 157 enables the presentation of a witness's former statements as evidence to contradict their current testimony, ensuring accuracy and consistency.
3.24 Section 158: What Matters may be Proved in Connection with Proof of Declarant's Veracity This section explores the matters that may be proved in connection with the veracity of the declarant of a document, providing a comprehensive understanding of the evidence presented.
3.25 Section 159: Refreshing Memory Section 159 discusses the process of refreshing a witness's memory through a written document prepared by them, ensuring accuracy and reliability in their testimony.
3.26 Section 160: Testimony to Facts Stated in Document Mentioned in Section 159 Section 160 allows a witness to testify regarding facts stated in a document prepared by them, provided certain conditions are met.
3.27 Section 161: Right of Adverse Party as to Writing Used to Refresh Memory Section 161 grants the adverse party the right to inspect, cross-examine, and introduce other parts of a document used to refresh a witness's memory.
3.28 Section 162: Production of Document to Prove Contents, etc., of the Same This section allows the production of a document to prove its contents or any relevant facts stated therein, ensuring the reliability of documentary evidence.
3.29 Section 163: Giving, as Evidence, of Document called for and Produced on Notice Section 163 deals with the admissibility of documents called for and produced on notice, ensuring fairness and transparency in the examination of witnesses.
3.30 Section 164: Using, as Evidence, of Document, Production of which was Refused on Notice This section discusses the circumstances under which a document, whose production was refused on notice, can still be used as evidence during the examination of witnesses.
3.31 Section 165: Judge's Power to put Questions or Order Production Section 165 empowers the judge to ask questions, order the production of documents, or examine any witness to elicit necessary information or clarify ambiguities.
3.32 Section 166: Power of Jury or Assessors to put Questions Section 166 recognizes the power of the jury or assessors to put questions to witnesses, allowing for a more comprehensive understanding of the facts presented.
4. Improper Admission or Rejection of Evidence (Section 167):
Section 167 addresses the improper admission or rejection of evidence and the potential consequences of such actions, ensuring fairness and accuracy in the trial process.
5. Conclusion:
The law of evidence provides a framework for the examination of witnesses, ensuring the presentation of reliable and relevant testimonies. Sections 118-134 discuss the competence, privileges, and obligations of witnesses, while Sections 135-166 delve into the examination procedures. By understanding these provisions, legal professionals and individuals involved in legal proceedings can navigate the complexities of witness testimony effectively, contributing to the pursuit of justice.
6. References:
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