Examination of Witnesses under Indian Evidence Act, 1872

 
INTRODUCTION
 
Chapter 
X of part 
III 
of 
the 
Indian 
Evidence Act, 
1872 
deals with the
examination 
of a 
witness. 
Section 
135 
lays 
down the 
order to 
be 
followed
in 
production and examination 
of 
witnesses which 
is 
left 
to 
be 
regulated 
by
the 
code 
of 
civil procedure 
and 
criminal procedure. 
If 
there 
is no 
provision
for a 
particular 
point 
in case, then, the court can exercise 
its 
own discretion
in 
deciding 
the order of 
production 
of
 
witnesses.
 
ADMISSIBILITY OF EVIDENCE
 
As 
per 
Section-5 
of 
the Indian Evidence Act, 1872, only those pieces 
of
evidence, regarding 
the 
facts and facts 
in 
issue have 
to 
be 
submitted that
are relevant. 
Section 
136 
has 
reiterated 
this 
point. It states that 
a 
judge  
may
ask 
the 
party, who has proposed 
to 
give evidence, 
as 
to 
how 
will such  
a
fact, 
for 
which the evidence has been provided, 
be 
relevant 
to 
the case.
Hence, 
the 
judge can question 
the 
relevancy 
of 
the fact 
for 
which 
the
evidence 
is being 
provided and the evidence shall only 
be 
submitted 
if 
the
judge 
thinks the fact will 
be 
relevant to the
 
suit.
If
 
the
 
fact
 
(A)
 
proposed
 
to
 
be
 
proved,
 
whose
 
evidence
 
will
 
be
 
admissible
on proof of 
some other fact (B), 
the 
latter 
(B) 
should 
be 
proven first. 
The
court, may, however, exercise its discretion 
and 
let 
the 
party prove the
former (A) first,  
on the 
condition that  the 
party 
will  prove  the  latter 
 
fact
(B) 
at 
a 
later stage.
 
Where relevancy 
of 
an alleged fact 
is 
dependent 
on 
another alleged fact,
the 
latter shall 
be proven 
first 
but 
again, 
the 
judge may exercise 
his
discretion and let the 
party 
prove the first fact. 
It 
has been held  
in
Collector 
of 
Gorakhpur 
v 
Palakdhari Singh 
(1889 
ILR 
12 
All 
1) 
that
any doubt 
about the admissibility 
of a 
piece 
of 
evidence shall 
be 
in 
favour
of
 admissibility.
 
EXAMINATION
 
ORDER
 
Testimonies 
of 
witnesses are recorded 
as 
answers 
to 
the questions asked 
to
them.
 
These
 
questions
 
are
 
relevant
 
to
 
the
 
facts
 
in
 
issue,
 
and
 
such
 
questioning 
is 
called 
an 
examination 
of 
the witness. The evidence 
not 
only
includes answers 
to 
questions 
but 
may also include statements 
made 
or
that 
is 
required 
to 
be 
made, 
by 
the court 
and is 
relevant 
to 
the
 
issue.
 
Section 
137
 
It 
states that 
a 
witness should 
be 
first examined 
by 
the 
party 
who has
called 
him 
and 
this is 
called examination-in-chief. And when 
an 
adverse
party examines the witness, it 
is 
called cross-examination. The cross-
examination may explore all the relevant facts 
and 
not necessarily, the
facts that were asked 
to the 
witness during the examination 
in 
chief. There
might 
be no 
need 
for a 
cross-examination 
if 
the testimony 
is 
prima facie
unacceptable 
(Ghulam Rasool Khan 
v 
Wali Khan, AIR 
1978 J&K  54).
If 
the 
party 
who called the witness, questions him, again after cross-
examination, it 
is 
called
 
re-examination.
 
Section 
138
 
It provides for 
the 
order of 
examination; 
a 
witness will 
be 
first examined 
in
chief, and then 
if 
the adverse party deems fit, cross-examined 
and if 
the
party calling him so desires, 
be 
re-examined. 
A 
witness has 
to be 
first
examined 
in 
chief to 
be 
cross-examined, else, 
it is 
not permissible and 
not
possible 
(Sharadamma 
v 
Renchamma, AIR 
2007 
Kant. 17). 
An 
order of
re-examination can 
be 
made 
by 
the court 
on an 
application 
by 
the 
party as
it is 
not limited 
to 
courts’ own motion 
(SSS Durai Pandian 
v 
SA
Samuthira Pandian, AIR 
1998 
Mad. 
323). 
The 
matter 
of 
re-examination
should 
be 
limited to examination 
in 
chief 
and 
cross-examination 
and if 
any
new 
matter 
is 
introduced 
by 
permission 
of the 
court, the witness 
can be
subjected 
to 
cross-examination, again, 
upon 
that
 
matter.
Section 
139 
says that 
a 
person called 
upon to 
produce 
a 
document 
does 
not
become 
a 
witness 
per 
se. Hence, 
he 
cannot 
be 
cross-examined, unless,
examined 
in 
chief 
by 
the party who called
 
him.
Section 
140 
provides that witness to 
a 
party’s character maybe
 
cross-
examined 
if 
already examined 
in 
chief. 
The 
evidence 
of 
character 
is 
meant
to 
assist the court 
in 
estimating the value 
of 
the evidence 
brought 
before
the 
court through the mouth 
of 
the
 
witness.
 
LEADING QUESTIONS
 
Section 
141
 
“Any question suggesting the answer which the person putting 
it 
wishes 
or
expects to receive 
is 
called 
a 
leading question.”
 
A 
witness should tell the story relating 
to 
the relevant facts 
or 
facts 
in 
issue
in his 
own words. 
If 
there 
is an 
inbuilt answer 
in 
the question, 
or 
if it 
is
suggestive 
of an 
answer, 
a 
lawyer could construct 
a 
story 
out 
of 
the mouth
of 
the witness which suits 
his 
client. 
If 
such 
a 
question 
is 
asked 
in the
examination in chief 
or in 
re-examination, the adverse party 
may 
object 
to
it. This has been provided 
in 
Section 
142 
and 
it also states 
an 
exception
that such leading question may 
be 
asked 
on 
permission 
from 
the court, i.e.,
the 
objection 
is
 
overruled.
Section 
143 
states that leading questions 
may 
be 
asked in cross-
examination.
 
IN
 WRITING
 
Section 
144
 
“Any witness may 
be 
asked, whilst under examination, whether any
contract, grant 
or other 
disposition 
of 
property, 
as 
to which 
he is 
giving
evidence, was 
not 
contained in 
a 
document, 
and 
if 
he 
says that it was, 
or if
he is 
about 
to 
make any statement 
as to 
the contents 
of 
any document,
which, 
in 
the opinion 
of 
the Court, 
ought 
to 
be 
produced, the adverse party
may 
object 
to 
such evidence being given until such document 
is 
produced,
or 
until facts have 
been proved 
which entitle the party who called 
the
witness 
to 
give secondary evidence 
of 
it.” Accompanied 
by the 
illustration,
the 
section 
is
 
self-explanatory:
 
The 
question 
is 
whether 
A 
assaulted B. 
C 
deposes that 
he heard A 
say 
to  
D,
“B 
wrote 
a 
letter accusing me 
of 
theft, 
and I 
will 
be 
revenged 
on 
him.”
This 
statement 
is 
relevant, 
as 
showing A’s motive for the assault, and
evidence may 
be 
given 
of 
it, 
though no 
other evidence 
is given 
about the
letter.
 
Section 
145
 
It 
provides that 
a 
witness may 
be 
cross-examined 
as 
to 
previous 
statements
made 
by 
him 
in 
writing 
and if 
he 
is to 
be 
cross-examined over oral
statements, which were reduced to writing, 
his 
notice shall 
be 
brought to
such parts 
of 
writing before 
the 
writing 
is to 
be 
proved. 
A 
witness 
can only
be 
contradicted 
over 
previous statements made 
by 
him, 
not  
subsequent
(Mishri Lal 
v 
State 
of 
MP, 
2005 10 
SCC
 
701).
 
LAWFUL
 
QUESTIONS
 
Except 
for 
the questions already permitted through different sections 
of 
the
act, the following questions can also 
be put up 
in cross-examination,  
under
Section
 
146
:
To 
test 
a 
witness’ veracity 
or
 
truthfulness
To know 
who 
he is 
and what 
his 
position 
is 
in
 
life
To 
shake 
his 
credit 
by 
injuring his
 
character
These questions can 
be 
asked even 
if, 
directly 
or 
indirectly, the witness 
is
criminated 
or is 
exposed 
to 
penalty 
or 
forfeiture. The witness may also 
be
compelled to answer these questions 
as per 
the conditions 
of 
the following
sections. By section 
28 of the 
Criminal Law amendment, 2013, if 
a 
case
relating 
to 
sections 
376 to 376E 
or 
for an 
attempt to commit any such
offence 
(under the 
Indian Penal Code, 
1860), 
the victim’s moral character
or 
previous sexual experience cannot 
be 
questioned 
in 
cross
 
examination.
 
COMPELLED 
TO
 
ANSWER
 
Section 
132 
provides 
for 
compelling 
of a 
witness to 
give 
answers to 
the
question that 
are 
relevant to the matter in issue. This cannot 
be 
excused 
on
the 
ground that such answer would give rise to witness’ liability, criminal
or 
civil. 
If 
the witness 
is 
forced 
to 
give 
an 
answer, the same shall not 
be
used 
as 
evidence against him 
in any 
case, provided, the evidence so
provided was not false. 
Section 
147 
provides that if any such lawful
question 
is 
relevant to the suit 
or 
proceeding, the provisions 
of 
section 
132
will
 
apply.
Section 
148 
provides protection against aggressive cross-examination. 
If a
person’s character 
is in 
question, to shake 
his 
credit, the court may, while
exercising its discretion, warn the witness that 
he is 
not obliged 
to 
answer.
Provided the court considers the questions that were asked were irrelevant
to
 
prove
 
his
 
credibility
 
or
 
far
 
too
 
remote
 
in
 
time
 
or
 
those
 
which
 
would
 
not
 
affect 
at 
all 
or 
slightly affect the witness’ credibility 
as to the 
matter to
which 
he is 
giving
 
evidence.
 
REASONABLE
 
GROUND
 
Section 
149 
provides that 
if 
there 
is no 
reasonable 
ground 
to convey an
imputation 
under 
section 148, the questions are 
not 
to 
be 
asked. This
section also safeguards 
a 
witness against damaging 
of 
character.
Illustration 
(c) 
to 
this 
section makes 
it 
clear: 
A 
witness, 
of 
whom nothing
whatever 
is 
known, 
is 
asked 
at 
random whether 
he 
is a 
dacoit. There are
here 
no 
reasonable 
grounds for 
the
 
question.
Section 
150 
lays 
duty of a 
counsel 
in 
questioning 
a 
witness’ character. If 
a
barrister, pleader, vakil 
or 
attorney questions 
a 
witness’ character without  
a
reasonable 
ground, 
the same shall 
be 
reported 
to 
the High Court 
or any
authority 
to 
which 
he 
is 
subject.
 
QUESTIONS
 
FORBIDDEN
 
Section 
151 
confers the 
court 
with the power 
to forbid 
questions that are
indecent and scandalous. These questions might 
be 
related 
to 
the matter 
in
hand 
and 
may 
only 
be 
allowed if 
they 
relate to 
the 
fact 
in 
issue 
or 
are
necessary in determining whether some fact 
in 
issue
 
existed.
Section 
152 
empowers the 
court to forbid 
questions that are meant
 
to
insult 
or 
to annoy. 
Even 
if the question might 
be 
proper, the 
court 
can
reject it if it 
is 
needlessly
 
offensive.
 
SECTION 
153
 
It 
provides 
for 
protection 
of a 
witness’ character. If 
a 
witness has answered
a 
question 
as 
to his credit, 
no 
evidence shall 
be 
admissible 
to 
contradict his
answer. This section has two exceptions, first, 
if he 
lies 
about his 
former
conviction 
and 
second, to impeach 
his 
impartiality; evidence may 
be
provided 
to 
contradict both these claims. Though 
no 
evidence 
is  
admissible
to contradict 
a 
witness’ claim 
as 
to 
his 
credit, 
if 
the witness 
has  
lied, 
he 
can
be 
separately charged for producing false
 
evidence.
 
SECTION 
154
 
It 
allows 
for the 
party, who has called 
upon a 
witness, to 
put up 
any
questions 
to 
the witness 
as 
could 
be 
asked 
to 
him 
during 
cross-
examination. 
This 
section brings under 
its 
purview, the concept 
of 
a
hostile witness. 
It 
has been defined 
by 
the Supreme Court in 
Sat Paul 
v
Delhi Administration (AIR 
1976 
SC 
303), 
as 
one who 
is not 
desirous 
of
telling the truth at 
the 
instance 
of the 
party calling him. The previous
testimony 
of a 
hostile witness 
is not 
washed off, the court can use 
it as
evidence and if the prosecution 
does not 
confront the witness, regarding
the 
contradiction, 
it 
shall 
be 
the duty 
of the 
court to 
do 
so 
for 
ascertaining
truth 
(State 
of 
Rajasthan 
v 
Bhera, 
1997 
Cr LJ
 
1237).
 
SECTION 
155
 
The 
credit 
of a 
witness can 
be 
impeached in the following ways. It 
is
usually impeached 
by 
the adverse 
party 
but 
if 
the witness becomes hostile,
his 
credit can 
be 
impeached 
by 
the party who called
 
him:
 
By producing witnesses who testify 
from 
their personal 
knowledge
of 
the witness that such person 
is 
unworthy 
of 
credit. The produced
witnesses must have personal knowledge 
of 
the witness 
they 
are
testifying
 
against.
By showing that the witness was bribed 
or has 
taken an 
offer 
to
receive 
a 
bribe 
or 
has some 
other 
corrupt
 
inducement.
By citing earlier statements 
of 
the witness which contradicts
 
him,
only to 
the extent which section 
153
 permits.
 
CORROBORATION OF
 
EVIDENCE
 
Section 
156 
provides that 
a 
witness may 
be 
questioned about
circumstances, apart 
from 
the main event, with the intention to corroborate
evidence provided 
by 
him and the court shall permit 
it 
if it deems that
these questions will help corroborate 
his 
testimony 
in 
reference 
to the
relevant facts.
Section  
157 
states that  
a  
former  statement  
of a 
witness  can  
be  
used 
 
to
corroborate testimony 
of the 
witness in relation 
to a 
common subject
matter. 
In 
Rameshwar 
v 
State 
of 
Rajasthan 
(1952 
SCR 377), 
the
Supreme Court allowed 
the 
statement 
of a young 
girl who was raped, 
to
 
be
 
corroborated with the girl’s own statement 
to her 
mother 
four hours 
after
the
 incident.
Section
 
158
 
says
 
that
 
statements
 
relevant
 
under
 
section
 
32
 
or
 
33
 
(like,
 
a
dying 
declaration), that have been proved, all matters which confirm 
or
contradict the statement, 
can 
be 
proved. Evidence can also 
be 
given 
to
impeach 
the 
credit 
of 
the person who made such statement, 
to 
the extent 
as
if 
that person 
had 
appeared 
as a
 
witness.
 
REFRESHING
 
MEMORY
 
A 
witness 
is 
allowed 
to 
refer 
to a 
writing made 
by him 
either 
at the 
time 
of
happening 
of an 
event concerning which 
he is 
questioned 
or 
sometime
later, which the court considers 
it 
likely that 
the 
event was fresh in his
memory. The witness can also refer 
to 
someone else’s writing about the
event which was made within 
a 
time period which court considers
reasonable 
on 
the 
ground 
stated above. 
If 
the witness 
is an 
expert, 
he 
may
consult professional books. These provisions 
have 
been provided  
under
Section
 
159.
Section 
160 
A 
witness may testify to facts mentioned in such document
 
as
is 
mentioned 
under 
section 159. 
It 
does not matter whether the witness has
any 
specific recollection 
of 
the facts recorded, 
as long 
as 
he is 
sure that 
he
correctly recorded
 
them.
Section 
161 
gives 
a 
right to the adverse party to cross examine the
 
witness
and 
also 
to 
produce 
to 
him 
any 
such writing, 
as given 
under section 
159 &
160.
 
PRODUCTION OF
 
DOCUMENTS
 
When 
a 
witness 
has 
been called 
upon to 
produce 
a 
document, 
he is bound
to produce 
it. Any objection 
to it 
shall 
be 
dealt with 
by the 
court and 
to
determine its admissibility, the court shall inspect it, except when it refers
to 
matters 
of 
state 
(Section
 162).
Section 
163 
requires 
the 
party (A), who has given notice 
to 
the other
 
party
(B) to 
provide certain documents, 
to 
produce such documents after initial
inspection 
in the 
court, 
as 
evidence 
if the 
party 
(B) 
asks
 
so.
Section 
164: 
If, 
under the 
previous 
section, party 
B 
denies to provide 
A
with
 
the
 
required
 
documents,
 
the
 
same
 
cannot
 
be
 
produced
 
in
 
court
 
by
 
B
without A’s permission.
 
SECTION 
165
 
This 
section provides 
for 
the power 
of 
court 
to 
question. 
A 
judge can, 
in
order 
to obtain 
proof of 
relevant facts, ask any question 
he 
pleases, 
be 
it
relevant 
or 
irrelevant 
to the 
case. 
It may be 
asked 
any 
time 
and may 
take
any form and be 
directed 
at a 
witness 
or a 
party. The judge 
can 
though, not
compel 
the 
witness 
to 
answer and the judgement should 
be 
based 
upon the
facts which have been declared relevant 
under 
the
 
IEA.
 
CONCLUSION
 
While safeguarding 
the 
social life 
of a 
witness, the act serves justice to the
fullest extent. By omitting and adding certain provisions, the act 
is 
indeed
keeping 
up 
with 
the 
modern times.
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Chapter X of Part III of the Indian Evidence Act, 1872, outlines the process of examining witnesses, including the order of production and admissibility of evidence. Sections 135 to 141 delve into the rules governing the examination-in-chief, cross-examination, and re-examination of witnesses, emphasizing the relevance of evidence and the sequence in which facts should be proven. The use of leading questions, the order of examination, and the role of character witnesses are also discussed.

  • Indian Evidence Act
  • Witness Examination
  • Admissibility of Evidence
  • Relevancy of Facts
  • Leading Questions

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  1. INTRODUCTION Chapter X of part III of the Indian Evidence Act, 1872 deals with the examination of a witness. Section 135 lays down the order to be followed in production and examination of witnesses which is left to be regulated by the code of civil procedure and criminal procedure. If there is no provision for a particular point in case, then, the court can exercise its own discretion in deciding the order of production of witnesses. ADMISSIBILITY OF EVIDENCE As per Section-5 of the Indian Evidence Act, 1872, only those pieces of evidence, regarding the facts and facts in issue have to be submitted that are relevant. Section 136 has reiterated this point. It states that a judge may ask the party, who has proposed to give evidence, as to how will such a fact, for which the evidence has been provided, be relevant to the case. Hence, the judge can question the relevancy of the fact for which the evidence is being provided and the evidence shall only be submitted if the judge thinks the fact will be relevant to the suit. If the fact (A) proposed to be proved, whose evidence will be admissible on proof of some other fact (B), the latter (B) should be proven first. The court, may, however, exercise its discretion and let the party prove the former (A) first, on the condition that the party will prove the latter fact (B) at a later stage. Where relevancy of an alleged fact is dependent on another alleged fact, the latter shall be proven first but again, the judge may exercise his discretion and let the party prove the first fact. It has been held Collector of Gorakhpur v Palakdhari Singh (1889 ILR 12 All 1) that any doubt about the admissibility of a piece of evidence shall be in favour of admissibility. in EXAMINATION ORDER Testimonies of witnesses are recorded as answers to the questions asked to them. These questions are relevant to the facts in issue, and such

  2. questioning is called an examination of the witness. The evidence not only includes answers to questions but may also include statements made or that is required to be made, by the court and is relevant to the issue. Section 137 It states that a witness should be first examined by the party who has called him and this is called examination-in-chief. And when an adverse party examines the witness, it is called cross-examination. The cross- examination may explore all the relevant facts and not necessarily, the facts that were asked to the witness during the examination in chief. There might be no need for a cross-examination if the testimony is prima facie unacceptable (Ghulam Rasool Khan v Wali Khan, AIR 1978 J&K 54). If the party who called the witness, questions him, again after cross- examination, it is called re-examination. Section 138 It provides for the order of examination; a witness will be first examined in chief, and then if the adverse party deems fit, cross-examined and if the party calling him so desires, be re-examined. A witness has to be first examined in chief to be cross-examined, else, it is not permissible and not possible (Sharadamma v Renchamma, AIR 2007 Kant. 17). An order of re-examination can be made by the court on an application by the party as it is not limited to courts own motion (SSS Durai Pandian v SA Samuthira Pandian, AIR 1998 Mad. 323). The matter of re-examination should be limited to examination in chief and cross-examination and if any new matter is introduced by permission of the court, the witness can be subjected to cross-examination, again, upon that matter. Section 139 says that a person called upon to produce a document does not become a witness per se. Hence, he cannot be cross-examined, unless, examined in chief by the party who called him. Section 140 provides that witness to a party s character maybe cross- examined if already examined in chief. The evidence of character is meant to assist the court in estimating the value of the evidence brought before the court through the mouth of the witness. LEADING QUESTIONS

  3. Section 141 Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question. A witness should tell the story relating to the relevant facts or facts in issue in his own words. If there is an inbuilt answer in the question, or if it is suggestive of an answer, a lawyer could construct a story out of the mouth of the witness which suits his client. If such a question is asked in the examination in chief or in re-examination, the adverse party may object to it. This has been provided in Section 142 and it also states an exception that such leading question may be asked on permission from the court, i.e., the objection is overruled. Section 143 states that leading questions may be asked in cross- examination. IN WRITING Section 144 Any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it. Accompanied by the illustration, the section is self-explanatory: The question is whether Aassaulted B. C deposes that he heard Asay to D, B wrote a letter accusing me of theft, and I will be revenged on him. This statement is relevant, as showing A s motive for the assault, and evidence may be given of it, though no other evidence is given about the letter. Section 145

  4. It provides that a witness may be cross-examined as to previous statements made by him in writing and if he is to be cross-examined over oral statements, which were reduced to writing, his notice shall be brought to such parts of writing before the writing is to be proved. A witness can only be contradicted over previous statements made by him, not subsequent (Mishri Lal v State of MP, 2005 10 SCC 701). LAWFULQUESTIONS Except for the questions already permitted through different sections of the act, the following questions can also be put up in cross-examination, under Section 146: To test a witness veracity or truthfulness To know who he is and what his position is in life To shake his credit by injuring his character These questions can be asked even if, directly or indirectly, the witness is criminated or is exposed to penalty or forfeiture. The witness may also be compelled to answer these questions as per the conditions of the following sections. By section 28 of the Criminal Law amendment, 2013, if a case relating to sections 376 to 376E or for an attempt to commit any such offence (under the Indian Penal Code, 1860), the victim s moral character or previous sexual experience cannot be questioned in cross examination. COMPELLED TOANSWER Section 132 provides for compelling of a witness to give answers to the question that are relevant to the matter in issue. This cannot be excused on the ground that such answer would give rise to witness liability, criminal or civil. If the witness is forced to give an answer, the same shall not be used as evidence against him in any case, provided, the evidence so provided was not false. Section 147 provides that if any such lawful question is relevant to the suit or proceeding, the provisions of section 132 will apply. Section 148 provides protection against aggressive cross-examination. If a person s character is in question, to shake his credit, the court may, while exercising its discretion, warn the witness that he is not obliged to answer. Provided the court considers the questions that were asked were irrelevant to prove his credibility or far too remote in time or those which would not

  5. affect at all or slightly affect the witness credibility as to the matter to which he is giving evidence. REASONABLE GROUND Section 149 provides that if there is no reasonable ground to convey an imputation under section 148, the questions are not to be asked. This section also safeguards a witness against damaging of character. Illustration (c) to this section makes it clear: A witness, of whom nothing whatever is known, is asked at random whether he is a dacoit. There are here no reasonable grounds for the question. Section 150 lays duty of a counsel in questioning a witness character. If a barrister, pleader, vakil or attorney questions a witness character without a reasonable ground, the same shall be reported to the High Court or any authority to which he is subject. QUESTIONS FORBIDDEN Section 151 confers the court with the power to forbid questions that are indecent and scandalous. These questions might be related to the matter in hand and may only be allowed if they relate to the fact in issue or are necessary in determining whether some fact in issue existed. Section 152 empowers the court to forbid questions that are meant to insult or to annoy. Even if the question might be proper, the court can reject it if it is needlessly offensive. SECTION 153 It provides for protection of a witness character. If a witness has answered a question as to his credit, no evidence shall be admissible to contradict his answer. This section has two exceptions, first, if he lies about his former conviction and second, to impeach his impartiality; evidence may be provided to contradict both these claims. Though no evidence is admissible to contradict a witness claim as to his credit, if the witness has lied, he can be separately charged for producing false evidence. SECTION 154

  6. It allows for the party, who has called upon a witness, to put up any questions to the witness as could be asked to him during cross- examination. This section brings under its purview, the concept of a hostile witness. It has been defined by the Supreme Court in Sat Paul v Delhi Administration (AIR 1976 SC 303), as one who is not desirous of telling the truth at the instance of the party calling him. The previous testimony of a hostile witness is not washed off, the court can use it as evidence and if the prosecution does not confront the witness, regarding the contradiction, it shall be the duty of the court to do so for ascertaining truth (State of Rajasthan v Bhera, 1997 Cr LJ 1237). SECTION 155 The credit of a witness can be impeached in the following ways. It is usually impeached by the adverse party but if the witness becomes hostile, his credit can be impeached by the party who called him: By producing witnesses who testify from their personal knowledge of the witness that such person is unworthy of credit. The produced witnesses must have personal knowledge of the witness they are testifying against. By showing that the witness was bribed or has taken an offer to receive a bribe or has some other corrupt inducement. By citing earlier statements of the witness which contradicts him, only to the extent which section 153 permits. CORROBORATION OF EVIDENCE Section 156 provides that a witness circumstances, apart from the main event, with the intention to corroborate evidence provided by him and the court shall permit it if it deems that these questions will help corroborate his testimony in reference to the relevant facts. Section 157 states that a former statement of a witness can be used to corroborate testimony of the witness in relation to a common subject matter. In Rameshwar v State of Rajasthan (1952 SCR 377), the Supreme Court allowed the statement of a young girl who was raped, to be may be questioned about

  7. corroborated with the girls own statement to her mother four hours after the incident. Section 158 says that statements relevant under section 32 or 33 (like, a dying declaration), that have been proved, all matters which confirm or contradict the statement, can be proved. Evidence can also be given to impeach the credit of the person who made such statement, to the extent as if that person had appeared as a witness. REFRESHING MEMORY A witness is allowed to refer to a writing made by him either at the time of happening of an event concerning which he is questioned or sometime later, which the court considers it likely that the event was fresh in his memory. The witness can also refer to someone else s writing about the event which was made within a time period which court considers reasonable on the ground stated above. If the witness is an expert, he may consult professional books. These provisions have been provided under Section 159. Section 160 Awitness may testify to facts mentioned in such document as is mentioned under section 159. It does not matter whether the witness has any specific recollection of the facts recorded, as long as he is sure that he correctly recorded them. Section 161 gives a right to the adverse party to cross examine the witness and also to produce to him any such writing, as given under section 159 & 160. PRODUCTION OF DOCUMENTS When a witness has been called upon to produce a document, he is bound to produce it. Any objection to it shall be dealt with by the court and to determine its admissibility, the court shall inspect it, except when it refers to matters of state (Section 162). Section 163 requires the party (A), who has given notice to the other party (B) to provide certain documents, to produce such documents after initial inspection in the court, as evidence if the party (B) asks so. Section 164: If, under the previous section, party B denies to provide A with the required documents, the same cannot be produced in court by B withoutA s permission.

  8. SECTION 165 This section provides for the power of court to question. A judge can, in order to obtain proof of relevant facts, ask any question he pleases, be it relevant or irrelevant to the case. It may be asked any time and may take any form and be directed at a witness or a party. The judge can though, not compel the witness to answer and the judgement should be based upon the facts which have been declared relevant under the IEA. CONCLUSION While safeguarding the social life of a witness, the act serves justice to the fullest extent. By omitting and adding certain provisions, the act is indeed keeping up with the modern times.

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