Professional Documents
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Forensic Week 1 (AutoRecovered)
Forensic Week 1 (AutoRecovered)
Week 1 (14.7-18.7)
An Incident Occurs:
1. In case of a cognizable offense (serious crimes like murder, theft, etc.),
the victim or any witness can file an FIR ( First Information Report) with
the police. The police start their investigation. The case is transferred to a Sessions
Court for trial.
At the Court
I. Sommon
It is a serious request that witnesses appear in a court of law. Going at the
trial court at the scheduled time and day is required. The court magistrate has
signed the summons, which is issued by him or her. The summons may be
delivered to the witness by a member of the court staff or by the police and to
government employees through the department head.
II. Witness
Any individual is eligible to testify as a witness in a court of law if the judge
determines that he is not hindered from comprehending the questions or from
providing logical responses.
1. Ordinary witness
A Ordinary witness gives testimony regarding what he has observed, heard,
or sensed in connection with a case.
2. Competent witness
A competent witness, in legal terms, refers to an individual who is
considered capable and legally qualified to testify in court or provide evidence
in a legal proceeding.
3. Expert Witness
The viewpoint of a person who is very knowledgeable in the field is
important when establishing an opinion about a scientific or artistic concept,
as well as when determining the identity of handwriting or fingerprints. An
expert witness is one who makes such a claim.
4. Hostile witness
A hostile witness is one who intentionally or unintentionally tells a lie or
suppresses facts partially or completely. When a witness is declared hostile, he
might be cross-examined by the same side counsellor. If a person under oath
presents false evidence in a court of law, he may be imprisoned (perjury).
III. Evidence
IV. Examination
1. Examination in chief
It is the first examination of a witness by the lawyer who calls him,
examining the prosecution witness by the prosecution counsel (or the defense
witness by the defense attorney). The goal of this examination is to unearth facts
that are helpful to one's own position. Questions on pertinent facts are authorized.
An expert witness will be asked for his or her interpretation of the facts.
2. Cross-examination
It is the opposing counsel's examination of the witness. In other words, the
prosecution witness is cross-examined by the defense counsel, or vice versa.
Questions on the pertinent facts are allowed. Other questions outside those raised
in the main examination may be asked. This is recognized as the most trustworthy
method of determining the worth of evidence.
3. Re-examination
The attorney who conducts the examination in chief has the right to re-
examine the witness following the cross examination.
The goal is to explain any differences discovered during cross examination.
Questions about fresh facts are not permitted without the approval of the court or
opposing counsel. If the new facts are allowed, the opposing counsel may cross-
examine the witness anew on this point.
Without the approval of the opposing counsel, leading questions are not permitted.
4. Examination by the court
The judge may examine the witness at any time to clarify any
doubts. The questions could be about medical or technical words that the
judge is unfamiliar with.
V. Legal Proof
Legal proof is the most reliable evidence. When evidence is processed
through the court system, the finished or crystallized form is referred to as legal
proof. It will then be admissible as evidence in a trial court.
Both the prosecution and defense make closing arguments in which they
summarize their claims and interpret the evidence.
VIII. Judgement
If the defendant is found guilty, the penalty will be determined by the judge.
The defendant is acquitted and discharged if found not guilty.