bhanudassss (service) 14 June 2017

Legal provision for discarding evidence

Let me know the legal provision enabling the judge to discard evidence after cross-examination for default of witness.

3 Replies

Raveena Kataria (Advocate ) 21 June 2017

Section 138 of the Indian Evidence Act lays down that before the cross-examination of the witness, he must first be examined-in-chief. This means a witness cannot be made to be cross-examined right away, (Sukhwant Singh v State of Punjab,) however cross-examination can extend to all the relevant facts of the case whether or not they were brought up during the chief examination.

If a witness after examination-in-chief doesn’t appear for the cross-examination when ordered by the court, his evidence becomes useless. (Gopal Sarvan V Satya Narayan.)

bhanudassss (service) 23 June 2017

Raveenaji,

Happy to see the exact case law you mentioned in your reply. Thanks a lot. Now there is another subquestion.

In argument, can defense rely on admissions in cross-examination of plaintiff's evidence which is discarded for default of plaintiff?

Alee aliyana 23 June 2017

Area 138 of the Indian Evidence Act sets out that before the round of questioning of the witness, he should first be analyzed in-boss. This implies a witness can't be made to be interviewed immediately, (Sukhwant Singh v State of Punjab,) Coursework Writing-EssayCorp however interrogation can reach out to all the applicable realities of the case regardless of whether they were raised amid the main examination.