LAW OF EVIDENCE 647
2. But every party is not entitled to examine a witness on both these matters
(1) With regard to matters which are relevant, both parties are entitled to examine the witness, the party who called him and the adverse party. Indeed the rule is not that the party is entitled to examine the witness on all relevant matters ; the rule is that the examination of a witness must be confined to relevant facts.
This rule applies not only to Examination-in-Chief but also to Cross-examination. The only difference is that Crossexamination need not be confined to matters raised in Examination-in-Chief. It may be extended to other matters not raised in Examination-in-Chief. But these other matters must also be relevant matters. Nothing that is irrelevant is permissible either in Examination-in-Chief or Crossexamination.
There is therefore no difference in the scope of the Examination-in-Chief or Cross-examination so far as relevant matters are concerned.
(Here concludes Page 203 of the M.S. Page 204 is missing. Following text starts from Page 205—ed.)
There is agreement on the absence of the particular virtue of truth telling has the necessary effect of shaking the man’s credit and therefore such questions as relate to this aspect of the witness character are always permissible and can be asked in Cross-examination.
But there is no general agreement as to the absence of general good character on the veracity of a witness.
There are two views on the subject. One is that, bad general character necessarily involves an impairment of the truth telling capacity and therefore to show general moral degeneration is to show an inevitable degeneration in veracity. The other view is, a bad general disposition does not necessarily or commonly involve a lack of veracity and that, therefore, a bad general disposition is of no probative value for the purpose of shaking a witness’s credit.
Under the English law, for the purposes of shaking credit by injury to character, general character is excluded and character for veracity only is taken into account.