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Pinky   13 January 2024

examination in chief and cross

whether examination in chief must be signed by the complainant before cross examination? .

or
cross be signed ?

or

without signature on both is it considered or not ?


Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     13 January 2024

Affidavit filed for examination in chief has to be signed by the witness before deposition. 

1 Like

Pinky   13 January 2024

The complainant has to file an affidavit for examination in criminal case ?

T. Kalaiselvan, Advocate (Advocate)     13 January 2024

In criminal cases the complainant need not file an affidavit, the assistant public prosecutor will take chief examination and after that the advocate of the accused would cross examine the complainant.

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Pinky   13 January 2024

sir yes... but whether examination and cross examination has to be signed by complainant or not

T. Kalaiselvan, Advocate (Advocate)     13 January 2024

The complainant will be the person who will be deposing evidence in chief as well as cross examination as a witness.

Therefore on completion of chief examination and that of the cross examination, the witness has to sign the evidence deposition paper without fail otherwise it will not be held as legally valid.

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Advocate Bhartesh goyal (advocate)     14 January 2024

Although chief and cross examination should be signed by witness but if due to any reason not signed or remained unsigned, will  not invalid and such evidence will deemed legal and valid.

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Padmaja Aramandla   14 January 2024

Both needed to be signed
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Pinky   14 January 2024

The objection was raised that examination was not correctly recorded and even the examination of the chief is having a statement which has never been told in reply to cross.

These facts of incorrect statements recorded in examination cross examination are also recorded by typists by fraud methods, and these came in highlight only after certified copies were received and immediately objection was raised

T. Kalaiselvan, Advocate (Advocate)     17 January 2024

The examinations either chief or cross has to signed by the witness immediately after stepping down from the witness box.

Thus if there was any objection to the recordings, it should have been brought to the notice of court at that moment itself.

The objection expressed now will not be entertained by court at this stage.

You may have to file a petition for reopening the evidence and cross examine once again by filing an affidavit with some substantial reason relied upon.

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