Examination-in-chief, Cross-examination and Re-examination

Examination is a judicial proceeding wherein a witness is called upon in the witness-box. Thereafter, he is
administered oath by officer of the court. He is asked certain questions about the matter of the case. He is supposed
to testify what he himself has perceived. Examination of a witness includes examination-in-chief , cross-
examination and re-examination.
Section 137 of the Indian Evidence Act,1872 defines examination-in-chief, cross-examination and re-examination.
While section 138 of the Act lays down the order of examination.

Examination-in-chief
According to section 137 of the Act, “the examination of a witness by the party who calls him shall be called his
examination-in-chief”.

As per section 138 of the Evidence Act, the order of examination-in-chief shall be first. When a party produces a
witness before the court his name and address is recorded by the presiding officer of the court. After that a officer of
the court administers oath to him. Then the party who calls the witness, shall examine him to elicit the truth and to
prove his case. This process is called examination-in-chief.

The prime object of examination-in-chief is to bring the truth to the surface and to prove a issue in favor of the party
calling the witness. No witness can give evidence of law. He can testify only as to the fact.

Section 142 of the Evidence Act, inter alia, provides that no leading question may be asked in examination-in-chief.
However, such questions may be asked with the permission of the court. The examination-in-chief is the bedrock of
the judicial proceeding.

Cross-examination
Section 137 of the Indian Evidence Act provides that ” the examination of a witness by the adverse party shall be
called his cross-examination”.

The cross-examination follows the examination-in-chief. The adverse party/opposite party has a right to cross-
examine the witness.

Object of Cross-examination
The object of Cross-examination is three-dimensional: First, to elicit something favourable from adverse witness.
Second, to demolish or weaken the force of testimony made against the adverse party. And third, to test the veracity
of the witness by impeaching his credit.

According to section 138 of the Act, the scope of cross-examination is not confined to facts to which the witness
testified on his examination-in-chief. That is, he may be aked anything not covered in examination-in-chief. But the
cross-examination must relate to relevant facts.

Effect of Failure to Cross-examination

Where a witness testify a fact in his examination-in-chief, but the adverse party fails to cross-examine him on that
point. Then, it implies that other party accepts the truth of the statement.
But this rule admits following exceptions.

1. Where the witness has notice beforehand.

2.Where the story itself is of incredible or romantic characters.

3.Where the non-cross-examination is from the motive of delicacy.

4.Where the counsel indicates that the witness is not cross examined to save time.

5.Where several witnesses are examined on the same point, all need not be examined.
Effect of No Opportunity
Where a witness does not subject himself to cross-examination after his examination-in-chief, his evidence is of no
value.

Re-examination
Section 137 of the Indian Evidence Act defines re-examination. The examination of a witness, subsequent to the
cross-examination by the party who calls him, shall be called his re-examination. The re-examination follows the
cross-examination.

As per section 138 of the Act, the purpose of of re-examination is to explain the matters referred to in cross-
examination. New matters may be introduced by the permission of the court. If that is done, the adverse party has a
right to cross-examine the witness on that point.
Section 142 of the Act lays down that a leading question can not be asked in re-examination unless the court
permits.

Re-examination is only meant to explain the meanings and expressions used by the witnesses in cross-examination.
So, it is not necessary. Nor, it is essential limb of judicial proceeding.

Quick Glance

Serial No. Key Words Explanation

1. Examination-in-chief Examination of witness by the person who calls him

2. Cross-examination Examination of witness by opposite party

3. Re-examination Examination of witness by the party who has conducted his examination-in-chief

4. Order of Examination 1.Examination-in-chief, 2. Cross-examination, 3. Re-examination

5. Section 137 Define Examination-in-chief, Cross-examination and Re-examination