CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001

JANUARY-2020
TOPIC: “OF THE EXAMINATION OF WITNESSES UNDER
IEA’’
ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE
COURSE TITLED

THE LAW OF EVIDENCE

PROPOSAL SUBMITTED BY

NAME: RITESH KUMAR

ROLL NO: 1963

SEMESTER: 4th

SESSION: 2018-2023

COURSE: BA.LLB (hons)

SUBMITTED TO

MS. MEETA MOHINI

FACULTY OF THE LAW OF EVIDENCE

 INTRODUCTION

The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act,
1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time,
India was a part of the British Empire. Over a period of more than 125 years since its enactment,
the Indian Evidence Act has basically retained its original form except certain amendments from
time to time.

Part III , Chapter X, Section 135 to Section 166 of The Indian Evidence Act Deals with the
Provisions of Examination of witnesses . The prominent provisions of this chapter reveal that the
witness can be examined at the time of trial by three ways. Every party either in civil suit or in
criminal proceeding want to produce such witness who will favour him most.
In civil cases first it is the advocate or the counsel appearing for the plaintiff who briefly narrates
the fact of the case, which is technically known as opening of the pleading.
In criminal cases one of the officers of the court reads out of the summary of the charge against
the accused and the plea of the accused is recorded by the court. Then the court determines the
issues and decides on whom the burden of proof lays. Then after this parties present witness and
examine them. Order of examination of witness is on the discretion of court. It is the judge to
decide the admissibility of such evidence. This examination is of three stages: examination in
chief, cross examination and re examination.
Examination in Chief is one of the most subtle and sophisticated forms of advocacy. It is subtle
because a good chief examination focuses entirely on the witness and their evidence. The
evidence should appear to be flowing effortlessly from the witness. It should look easy. Whereas
the witness should be memorable, the lawyer should not. Chief examination is sophisticated
advocacy because during its course counsel is actually presenting their case, while trying to
satisfy a multitude of objectives, such as maximizing the potential of each witness to present all
relevant evidence in as logical, credible, persuasive and accurate manner as possible, while
knitting all witnesses' evidence together in a coherent fashion in order to prove all the elements
of the offence beyond a reasonable doubt. Examination in Chief thus becomes a starting point for
any litigation. In the adversarial system of our country, it becomes a tool of extracting truth from
the facts.
Cross-examination is a key component in a trial. The main purposes of cross-examination are
to elicit favourable facts from the witness, or to impeach the credibility of the testifying witness
to lessen the weight of unfavourable testimony. Cross-examination frequently produces critical
evidence in trials, especially if a witness contradicts previous testimony.

After the cross examination is over if the party feels necessary, to once again re-examine his own
witnesses he may do so with the permission of the court. Re-examination as a matter of right
cannot be claimed except with the permission of the court. The purpose is only to explain any
new matters that may be raised in the cross-examination but not to prove any other fact.
 AIMS AND OBJECTIVES

1. Researcher tends to throw some light on the sections relating to eyewitness testimony.
2. Researcher tends to throw some light on the limitation of this provisions.
3. Researcher tends to throw some light on the importance of examination in chief, cross, &
re-examination.
4. Researcher tends to throw some light on the various articles and cases relating to sole
witness.

HYPOTHESIS

The researcher hypothesize that:

1. A witness should be weighed and not counted because it is the quality and not the
quantity which matters.
2. The witness who plays a vital role in the proceeding, face a lot of hurdles during the
administration of the criminal justice system.
3. The role of witness has been paramount importance in assisting the course of justice.

RESEARCH QUESTIONS

1. What are the various provisions deals with examination of the witness under IEA.
2. What are the classifications of the examinations of witness under IEA.
3. What are the limitations of the examinations of the witness .

RESEARCH METHODOLOGY

The research is based on the doctrinal research methodology .

SOURCES OF DATA

The researcher use both, primary as well as the secondary sources to complete this project.
 TENTATIVE CHAPTERZATION
1. Introduction .
2. Law relating to witnesses: historical perspectives.
3. Legal framework pertaining to protection of witnesses.
4. Importance of examination in chief , cross & re-examination.
5. Witness protection at international level: A comparative study.
6. Conclusion and suggestions.

Bibliography