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IEA, 1872
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IEAChapter XSection 138
Section138

Order of examinations

AI Assist

Summary

Witnesses are first examined-in-chief, then if the adverse party desires they are cross-examined, and then if the calling party desires they are re-examined. Examination and cross-examination must deal with relevant facts, though cross-examination need not be limited to what was said in chief. Re-examination is to explain points raised in cross-examination; if the court allows new matter in re-examination, the other side may further cross-examine on that new matter.

Example

Priya witnessed a neighbour's delivery and is called by the complainant. She tells her account in examination-in-chief. The defence cross-examines her about extra timings, and the complainant then re-examines to clarify those points. If the complainant, with court permission, brings a new fact in re-examination, the defence may further cross-examine on that new fact.

Bare Act

Enacted text

Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.

The examination and cross-examination must relate to relevant facts but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief

Direction of re-examination: The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.

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X

Chapter X

Of the Examination of Witnesses

In this chapter

  • 135Order of production and examination of witnesses
  • 136Judge to decide as to admissibility of evidence
  • 137Examination-in-chief
  • 138Order of examinations
  • 139Cross-examination of person called to produce a document
  • 140Witnesses to character
  • 141Leading questions
  • 142When they must not be asked
  • 143When they may be asked
  • 144Evidence as to matters in writing
  • 145Cross-examination as to previous statements in writing
  • 146Questions lawful in cross-examination
  • 147When witness to be compelled to answer
  • 148Court to decide when question shall be asked and when witness compelled to answer
  • 149Question not to be asked without reasonable grounds
  • 150Procedure of Court in case of question being asked without reasonable grounds
  • 151Indecent and scandalous questions
  • 152Questions intended to insult or annoy
  • 153Exclusion of evidence to contradict answers to questions testing veracity
  • 154Question by party to his own witness
  • 155Impeaching credit of witness
  • 156Question tending to corroborate evidence of relevant fact, admissible
  • 157Former statements of witness may be proved to corroborate later testimony as to same fact
  • 158What matters may be proved in connection with proved statement relevant under section 32 or 33
  • 159Refreshing memory
  • 160Testimony to facts stated in document mentioned in section 159
  • 161Right of adverse party as to writing used to refresh memory
  • 162Production of documents
  • 163Giving, as evidence, of document called for and produced on notice
  • 164Using, as evidence, of document production of which was refused on notice
  • 165Judge’s power to put questions or order production
  • 166Power of jury or assessors to put questions
Previous · Section 137Examination-in-chiefNext · Section 139Cross-examination of person called to produce a document