About Witness in Evidence Act

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Offline Haider

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About Witness in Evidence Act
« on: June 19, 2012, 06:18:52 PM »
                                                                        Who may testify
 
118. All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

Explanation.–A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.

Examination-in-chief   
137. The examination of a witness by the party who calls him shall be called his examination-in-chief.
Cross-examination   
The examination of a witness by the adverse party shall be called his cross-examination.
 
Re-examination   
The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.
 
Order of examinations   
138. Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.

The examination and cross-examination must relate to relevant facts but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.
 
Md. Haider Ali
Senior Lecturer
Department of Law
Daffodil International University.

Md.Haider Ali
Senior Lecturer &
Coordinator
Dept. of Law
DIU