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M.Shivaranjani. 61
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EXAMINATION IN CHIEF

 First examination of the witness.
 Questions put to him by the lawyer for the side which
  has summoned him.
STATE VERSUS A

 In criminal cases the act committed by an individual or a
  group, the State becomes a party instead of the aggrieved
  person and starts the criminal prosecution.
 The effect of the questions and answers is recorded
  indirectly and not in the form of question & answers.
CROSS EXAMINATION

 Witness is questioned by
the lawyer of opposite party
(defence lawyer).
The main objects are:
     To elicit facts favourable to his case
     To test the accuracy of the statements made by the
      witness
     To modify or explain what has been said
   To develop new or old facts
   To discredit the witness
   To remove any undue or excessive emphasis which may
    have been given to any of them
 By doing this, the lawyer may try to weaken the evidence
  by showing that the evidence given is inconsistent,
  inaccurate, ill-founded, contradictory & untrustworthy.
 The cross-examination need not be confined to the facts
  to which the witness testified in his chief examination.
 The witness may be asked question on the bias, his
  previous conviction, his reputation for truthfulness may
  have which would affect the reliability of his evidence.
Objection to testimony:
                     when a question is asked to the
 witness, the opposing lawyer may say “I object” & give
 his reason for the same. The witness should not answer
 the question until the Court gives a ruling on the
 objection. If the Judge says “Objection overruled”,
 the answer has to be given
Examination in chief  - By Shivaranjani

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Examination in chief - By Shivaranjani

  • 2. EXAMINATION IN CHIEF  First examination of the witness.  Questions put to him by the lawyer for the side which has summoned him.
  • 3. STATE VERSUS A  In criminal cases the act committed by an individual or a group, the State becomes a party instead of the aggrieved person and starts the criminal prosecution.  The effect of the questions and answers is recorded indirectly and not in the form of question & answers.
  • 4. CROSS EXAMINATION  Witness is questioned by the lawyer of opposite party (defence lawyer).
  • 5. The main objects are:  To elicit facts favourable to his case  To test the accuracy of the statements made by the witness  To modify or explain what has been said  To develop new or old facts  To discredit the witness  To remove any undue or excessive emphasis which may have been given to any of them
  • 6.  By doing this, the lawyer may try to weaken the evidence by showing that the evidence given is inconsistent, inaccurate, ill-founded, contradictory & untrustworthy.  The cross-examination need not be confined to the facts to which the witness testified in his chief examination.  The witness may be asked question on the bias, his previous conviction, his reputation for truthfulness may have which would affect the reliability of his evidence.
  • 7. Objection to testimony: when a question is asked to the witness, the opposing lawyer may say “I object” & give his reason for the same. The witness should not answer the question until the Court gives a ruling on the objection. If the Judge says “Objection overruled”, the answer has to be given