Examination In Chief
pratik
(Querist) 02 March 2011
This query is : Resolved
Examination In Chief -
The questioning of your own witness under oath. (it is allowed as per the indian evidence act, 1872 if yes as per which section) if it is allowed that what do u mean by cross - examination . & what is the major & basic difference between Examination In Chief & Cross - Examination pls tell me everything in detail pls experts pls pls pls.Examination In Chief is held first or Cross examination is held first both in civil case & criminal cases.
Examination on Affidavit - (it is allowed as per the indian evidence act, 1872 if yes as per which section)What do u mean by Examination on Affidavit exaclty as a layman with the help of a example.
Thanks In Advance.
God Bless U All.
adv. rajeev ( rajoo )
(Expert) 03 March 2011
Chief examination by way of an Affidavit means it is an evidence instead of oral evidence. It is allowed and this practice already in the courts.
In case to prove the claim of the parties to suit first parties used to enter the wittness box and used to say the evidence orally, but instead of saying orally affidavit is introduced and it is valid.
Kiran Kumar
(Expert) 03 March 2011
Read Order 18 and 19 of CPC in this regard.
specific amendments were introduced in these provision to ensure that the Examination in Chief is conducted by way of affidavit of the witness.
the purpose was to save the time of the court and to speed up the judicial process.
however, before tendering the affidavit in the court, the court administers oath to the witness....every such tender initiates with the expression "On SA"
SA means Solemn Affirmation.
Sachin Bhatia
(Expert) 03 March 2011
With examination in chief the witness is allowed to tell their side of the story. In cross-examination you do not want the witness to tell the story. You indicate the point you wish to make and put it to the witness. Leading questions therefore are used in cross-examination. Leading questions provide for effective cross-examination because the facts are supplied by the advocate instead of the witness and the advocate has most of the control in order to get to the point they want to make. During cross-examination you do not want a witness to tell their story, you want them to verify the particular matters that you put to them.
Guest
(Expert) 03 March 2011
Dear Pratik,
Normally, examination-in-chief is the first examination made to examine the prosecution witnesses, or the defence witnesses. Examination-in-chief of the prosecution witnesses is made by the prosecution lawyer, while that is made to the defence witnesses by the defence lawyer.
Cross-examination follows the Examination-in-chief. Conversely, cross-examination can be made by the defence lawyer to the prosecution witnesses and by the prosecution lawyer to the defence witnesses.
The language of the examination-in-chief is normally general inquisitive type in order to know something at first hand, e.g., "how do you know Anil Kumar?" or "what do you know about the murder?"
On the other hand during cross-examination, the opposite party/lawyer can use the speaking language, as if he is putting his own words in the mouth of the witness to bring out the truth or to twist the matter, like "is it correct that you know Anil Kumar personally?", or "Is it correct that you HAVE NOT personally seen Mr. Anil Kumar murdering Mr. Mukesh by stabbing?"
Examination on affidavit denotes examination of evidence of the witness with reference to a written affidavit.
Hope my opinion makes some sense to satisfy your query.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
valentine thakkar
(Expert) 04 March 2011
In examination-in-Chief the petitioner advocate makes his petitioner to tell the whole story from his point of view. And questions like "how", "why", "when", "what" are asked to get the whole truth. Whereas in the Cross-Exam the opponent advocate gives the information to the petitioner and thereby builds up his defence.
However, recently by Order 18 and 19 of CPC affidavit of exam-in-chief can be filed and courts also now-a-days insist on affidavit to save time. Alongwith affidavit the petitioner is allowed to give list of documents annexed. However, the question of proving the documents still remains. Whereas in oral exam the same can be proved by putting questions as to the list of documents.
Advocate. Arunagiri
(Expert) 04 March 2011
Examination in chief: The witness gives evidence for the first time in the case for any of the party to the case.
This can be given in affidavit form also.
Cross examination: if the other side party questions the witness based on the statements given earlier.
