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stanley (Freedom)     16 October 2012

Cross examination

 

At the time of cross examination of a person in case a lawyer wants the witness to write something on a sheet of paper is it allowed or is permission necessary by way of application under section 73 below of Indian evidence act or just a verbal request to the magistrate in order for comparision of a document .
 
Section 73 in The Indian Evidence Act, 1872
73. Comparison of signature, writing or seal with others admitted or proved. In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose. The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare


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 5 Replies

Chetan Joshi (Advisory/Advocacy)     17 October 2012

The court may direct the person present in court for the same. Lawyer can not do it himself, he needs to convince the court for the relevancy of the evidence.

 

Thanx

stanley (Freedom)     17 October 2012

The same can be asked orally or by way of application prior to cross examination or on the day of cross examination ..

The court can direct okay but the sentence would be different so  how would a lawyer who  wants to prove a particular point at the time of cross examination and wants the witness to write particular words to prove the fact !!  

Chetan Joshi (Advisory/Advocacy)     17 October 2012

Sec - 136 Of I.E.A....He would simply seek permisson of the court...

stanley (Freedom)     17 October 2012

 

My question was can a lawyer tell the witness to write a few sentences on a piece of paper to compare  it with another document which the lawyer does not want to disclose but to bring out the truth the below section is about cross examination 
 
Section 138 in The Indian Evidence Act, 1872
138. Order of examinations.- 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.

Chetan Joshi (Advisory/Advocacy)     17 October 2012

Ya...He can with the prior consent of the judge...See - 136 I.E.A...Apologies for the typo... thanx

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