recording of evidence in court

evidence recording

1. Reporter: XX RECORDING OF EVIDENCE IN COURT AMAN DEEP Roll no.-04 MBBS BATCH-2017-18 by

2. C ontents EVIDENCE O ATH CHIEF- EXAMINATION COURT- QUESTION CROSS- EXAMINATION S ELF- EXAMINATION

3. eeegfg 01 PRESENTATION OF EVIDENCE EVIDENCE- Total no. of Indian Evidence Act -167 WITNESS Witness is a person who gives sworn testimony(evidence) in a court of law irrespective of interference drawn from it Evidence is presented in systemic order 1). OATH(sec. 51 IPC) 2). EXAMINATION-IN-CHIEF (Sec. 137 IEA) 3). CROSS EXAMINATION (Sec. 141-146 IEA) 4). RE-EXAMINATION (Sec. 137-138 IEA) 5). COURT QUESTION(Sec. 165 IEA,Sec 311 Crpc )

4. 02 Oath is a declaration required by the law,which is compulsory and holds the witness responsible for consequence of his evidence. “He is required to swear by almighty god that he will tell the truth ,the whole truth and nothing but the truth”. An atheist, makes a solemn affirmation in same terms, instead of swearing by God Child below 12 years is not required to take oath OATH

5. 03 1 st Examination of a witness. Question are put to him by the lawyer for the side which has summoned him. In criminal cases burden to prove is always on the prosecution ,and accused is presumed to be innocent till the contrary is proved against him. No leading question is allowed( except in those cases, where judge issatisfied that a witness is hostile( sec.142 & sec 154,I.E.A.) The objectives are: To elicit all relevant , convincing medical facts. To elicit the conclusion which the doctor has drawn from the facts Examination-in-chief( Direct examination )

6. 04 Witness is questioned by the lawyer for the opposite party . The defense witness is cross examined by the public prosecutor. Leading questions are allowed. No time limit The objectives are: To elicit facts favourable to his case. To test the accuracy of statement made by witness. To modify or explain what has been said. To develop new or odd facts . To d iscredit the witness. To remove any undue emphasis which may have been given to any of them. CROSS-EXAMINATION

7. This is conducted by the lawyer for the side which has called the witness. Leading questions are not allowed. The opposing lawyer has right to re-cross-examination on the new point raised. 05 RE-EXAMINATION(Re-direct examination) The objectives are: To clear any doubts that may have arisen during cross-examination. To explain some possible misinterpretion To add new point

8. 06 QUESTION BY JUDGE This Photo by Unknown Author is licensed under CC BY-NC-ND Judge may ask any question , in any form , about any fact , relevant or irrelevant at any stage of the examination. He is empowered to recall or re-examine any witness already examined.

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