Judicial Dictionary - E

Judicial Dictionary


Legislative Dictionary


Examination-in-chief

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CategoryE
TitleExamination-in-chief
DetailsThe questioning of a witness by the party who called him to give evidence. After the witness has been sworn in and affirmed, it is the party by whom he is called to examine him in chief, sometimes called the direct examination, the object of which is to elicit from the witness all the facts he can prove in support of such party’s case. These may embrace facts in issue; facts relevant to the issue; in certain cases hearsay and opinions, as to such facts; and any such facts which affect the admissibility or weight of the evidence tendered. [Phipson on Evidence, 13th Ed. p. 773]

The examination of a witness by the party who calls him is called examination-in-chief. [Section 137 of the Evidence Act, 1872]

Examination of witness includes examination-in-chief as also cross-examination. Examination is not complete when cross-examination is refused. [Banwari Lal vs. State of U.P. AIR 1956 All 385]

Created OnApril 23, 2011, 9:20 AM
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