642 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Section 138
(i) Examination in chief.
(ii) Cross Examination.
(iii) Re-Examination.
- Examination in chief is the Examination of the witness by the party who calls him.
Section 137
Cross Examination is the examination of the witness by the adverse party.
Re-Examination is the examination of the witness by the party who called him subsequent to his cross examination by the adverse party.
Questions to be considered
- Examination in chief is a matter of choice. No one can compel a party to call witnesses. But if witnesses are called and examined in chief, then the question that arises is this:— Is Cross-Examination and Re-Examination a matter of right or a matter of privilege, which may be granted or withheld according to the discretion of the Court ?
The answer to this question is that Cross-Examination and Re-examination are matters of right and not of privilege. The Court cannot stop a party from Cross-examining or Reexamining a witness who has been examined in chief by the party. What about a witness who is called by the Court and not by any party to the proceedings ? Is there any right to cross examine such a witness ? If so which party ? The Evidence Act makes no provision for such a case. It has however been held that a witness summoned and examined by the Court cannot as of right be Cross-Examined by either party without the permission of the Judge.
(1894) 2 Q. B. 316,
3 B. L. R. 145
11 W.R. 110
24 Col. 288
5 Cal. 614
16 W. R. 257.