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.