The Law of Evidence - Page 667

646 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

  1. The rules for a Regular Course of Examination relate to :

(i) Scope of Examination.

(ii) Manner of Examination.

(iii) Limits of Examination.

§ Scope of Examination of a witness

Under this head, we must deal with matters on which it is permissible to a party to ask questions to a witness.

  1. The objects underlying the examination of a witness are chiefly two :

(i) to elicit from him what he knows.

(ii) to test the truth of what he states.

  1. The object of testing the truth of what the witness has stated can be achieved, only if, the Examination of the witness is extended to such questions as relate :

(i) to the corroboration and contradiction of the witness.

(ii) to the confirmation or impeachment of the credit or character of the witness.

  1. Under Scope of examination, we shall therefore be concerned with Rules relating to the following subjects:

(i) Rules relating to matters which can or cannot be elicited in the course of the Examination of the witness.

(ii) Rules for testing the credibility or incredibility of a witness.

(iii) Rules regarding the corroboration or contradiction of matters deposed to by the witness.

1§ Matters which can or cannot be elicited in the course of an Examination

  1. This question is dealt with by Sections 138 and 146. The effect of these sections is that there axe two kinds of matters which can be elicited from a witness in the course of his examination.

(i) Matters which are relevant to the issue and

(ii) Matters which relate to the credibility of the witness.

These are the only two matters on which a witness can be examined.