top of page

Examination-in-Chief/ Direct Examination

Examination in chief as defined under Section 137 of the Indian Evidence Act is when the party calls a witness in the examination of witnesses that is called examination in chief. This is when a witness gives oral evidence in court during a trial, contested hearing or committal hearing. After giving examination-in-chief, witnesses are subjected to cross-examination, where their evidence is tested by the other party. When a witness is called to deliver their examination-in-chief they are asked their name and are required to take an oath or make an affirmation that their evidence will be the truth. They are then asked a series of questions, which they must answer to the best of their ability. It is also known as Direct Examination.

IMG_9858.JPG

Cross-Examination

Cross-examination is the inquiry of a witness brought by one's opponent in legal psychology. Direct examination precedes it, and it may be followed by a re-examination. It's a technique in which psychological elements can have a significant impact. Cross-examination does allow leading questions since a witness brought by the other party is believed to be hostile. Cross examination's goals are to extract positive information from the witness or to undercut the credibility of the testifying witness in order to reduce the weight of adverse evidence. In trials, cross-examination frequently yields crucial evidence, particularly when a witness contradicts earlier testimony.

bottom of page