Examination of Witnesses in Criminal Proceedings-Forensic Medicine- By Visnu.K

1. By
Visnu.K

2. OATH TAKING…
• Before deposition of evidence begins witness must
take an oath.
• Unoathed Evidence is not admissible. Except if the
person is below 7 years of age.

3. THE ACCUSED…
A person who is charged with a criminal
offense is called Accused.
The accused cannot be an eligible witness
(s.16, s.17).

4. RECORDING OF EVIDENCE
After taking Oath,the Evidence is recorded by
the following four steps:-
Examination in chief
Cross Examination
Re-Examination
Court Questions.

5. EXAMINATION IN CHIEF
This is examination of a witness by/on behalf
of the party who called him(Prosecuter).
In criminal cases, public prosecutor does it .

6. LEADING QUESTIONS
 A leading question is a question which either suggests
the desired answer may be by a simple ‘yes or ‘no’
 As a general rule, leading questions should not be
asked during examination in chief, though there are
exceptions.
 Exceptions are when the witness becomes
Hostile,Questions become leading questions.

7. CROSS-EXAMINATION

8.  This is examination of a witness by/on behalf of a
party other than the party who called him(Defence
lawyer).
 Leading questions may be asked.
 There is no time limit for cross examination.It may
last for hours or even days.
 Defence lawyer may cross-examine to weaken the
witness by proving it untrustworthy or
unbelievable.
 Judge may disallow the irrelevant question and
cut short the cross-examination.

9. RE-EXAMINATION…
 This is again conducted by/on behalf of the party
who called the witness(prosecutor).
 Leading questions should not be asked
 No questions relating to new matters are to be
asked without the permission of the court. If new
matters are asked Defence will take another chance
of cross-examination.

10. COURT QUESTIONS…
 The judge can ask any question to the witness in
any stage of the trial in order to clarify certain facts.
 The evidence recorded by the presiding officers
sholud be given to the witness to read fully and
sign.
 If any typographic corrections,all must be corrected
and signed by the presiding officers.
 Witness is liable to be called again if necessary.