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In India where large number of complaints and cases are filed in civil and criminal courts
every day, delay in justice is common as pendency of cases in courts are also growing
rapidly. Examination of witnesses plays an important role in the presentation of the evidence
in a court of law irrespective of civil or criminal case and admissibility of evidence is also an
important aspect which has to be decided by the judges only. Due to which each case will be
looked upon clearly and it will take long time to pass the judgment by the court.
Section 145 allows the cross- examination of a witness with respect to previous
statements made by him in writing or reduced into writing or reduced into writing, and
relevant to matters in question, without such writing being shown to him, or being proved;
but, if it is intended to contradict him by the writing, his attention must, before the writing
can be proved, be called to those parts of its which are to be used for the purpose of
contradicting him.
The general rule is that the contents of a writing cannot be used unless the writing is itself
produced. This section is an exception to this rule. The purpose is two-fold, one that the
credit of the witness can be impeached as well as that the statement cannot be used as a
positive evidence of the facts contained in writing. This Section mandates that if any
contradiction in the evidence of a witness in his previous statement is intended to be used, the
attention of the witness must be called to that particular part of his previous statement and has
to proved in an appropriate manner.
This Section applies only to contradictions. But if there are omissions in the previous
statements that are not contradictions but throw some doubt on the veracity of what was
omitted, the uncertainty may be capable of removal by questions in re-examination as was
decided in LAXMAN V STATE1.
Section 146 says that a witness during cross-examination, may, in addition to the questions
herein before referred to, be asked any questions which tend:
3) to shake his credit, by injuring his character, although the answer to such questions might
tend directly or indirectly to criminate him or might expose or tend directly or indirectly t
expose him to a penalty or forfeiture.
Such questions can be asked even if the answer might tend to directly or indirectly
incriminate the witness or expose him to a penalty or forfeiture.
The testimony of a witness is recorded in the form of answer question. Witness is not
permitted to deliver a speech to the Court, but is supposed only to answer the question. This
way the testimony of the witness, can be confined to the facts relevant to the issue. Such
process of recording the evidence is called his examination.
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1. 1974 3 SCC 704
No leading questions can be asked. The object of this examination is to get from the witness
all material facts within his knowledge relating to the party's case. It is the duty of the counsel
to bring out clearly and in proper chronological order every relevant fact in support of his
client's case to which the witness can depose.
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