Preliminary Examination of Witnesses under the CPC (Code of Civil Procedure)

Table of Contents

  1. Introduction
  2. Purpose and Importance
  3. Procedural Steps
  4. Examination-in-Chief
  5. Cross-Examination
  6. Re-Examination
  7. Recording of Statements
  8. Hostile Witnesses
  9. Affidavits in Lieu of Examination
  10. Expert Witnesses
  11. Conclusion

1. Introduction

The preliminary examination of witnesses under the Code of Civil Procedure (CPC) is a critical stage in a civil trial, which helps the court to ascertain the truth. This process involves the examination of witnesses by the party who has called them, and subsequently by the opposing party. The CPC provides various orders and rules that govern the examination of witnesses.

2. Purpose and Importance

Preliminary examination of witnesses serves various purposes:

  • Establish Facts: Helps in establishing the facts of the case through oral evidence.
  • Credibility Assessment: Allows the court to assess the credibility and reliability of witnesses.
  • Record Evidence: Enables the court to record the evidence presented, which can be used in later stages of the trial.
  • Assist Decision-making: Assists the court in making a decision based on the evidence presented.

3. Procedural Steps

The preliminary examination of witnesses can be broken down into the following steps:

  1. Summoning of Witnesses
  2. Attendance of Witnesses
  3. Examination-in-Chief
  4. Cross-Examination
  5. Re-Examination
  6. Recording of Statements

4. Examination-in-Chief

This is the first stage where the witness is examined by the party who has called him.

Table: Key Points of Examination-in-Chief

Aspect Details
Purpose To present the version of the party calling the witness.
Leading Questions Generally, not allowed.
Evidence Must be relevant and admissible.
Documents If a document is referred, it must be entered into evidence.

5. Cross-Examination

This is when the witness is examined by the opposing party.

Table: Key Points of Cross-Examination

Aspect Details
Purpose To challenge the credibility and testimony of the witness.
Leading Questions Allowed.
Scope Restricted to matters stated in examination-in-chief, matters affecting the credibility of the witness, or any necessary explanation.
Refusal to Answer The court may, if it pleases, compel the witness to answer.

6. Re-Examination

The party who called the witness can re-examine him, but only with respect to points raised during cross-examination.

Table: Key Points of Re-Examination

Aspect Details
Purpose To clarify matters raised in cross-examination.
Leading Questions Generally, not allowed.
Scope Strictly limited to matters in cross-examination.

7. Recording of Statements

The court must ensure that statements made by witnesses are accurately recorded.

Table: Key Points on Recording Statements

Aspect Details
Manner Recorded in the language of the court.
Reading Back Witness should be given an opportunity to read the statement or have it read to them.
Corrections Witness may correct any part and must initial any correction.

8. Hostile Witnesses

Sometimes, a witness may give evidence against the interest of the party calling them. Such witnesses are termed as ‘Hostile’.

Table: Key Points on Hostile Witnesses

Aspect Details
Declaration The party calling the witness must declare them as hostile with the court’s permission.
Leading Questions Allowed in cross-examination by the party who called them.

9. Affidavits in Lieu of Examination

The court may allow the evidence of a witness to be given by affidavit.

Table: Key Points on Affidavits

Aspect Details
When Allowed Court must be satisfied that it is in the interests of justice.
Cross-Examination The deponent must be present for cross-examination, if required.

10. Expert Witnesses

Expert witnesses can be called to provide specialized knowledge to the court.

Table: Key Points on Expert Witnesses

Aspect Details
Qualification Must be qualified in a specialized field.
Opinion Evidence Allowed to give opinion evidence.
Reports Written reports may be submitted as evidence.

11. Conclusion

Preliminary examination of witnesses is a fundamental aspect of the civil trial process. Lawyers should be well-versed with the relevant provisions under the CPC and understand the nuances involved in the examination, cross-examination, and re-examination of witnesses to effectively present their case. Being proficient in handling witnesses, including expert and hostile witnesses, can significantly impact the outcome of a trial.

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