PROCEDURE OF GIVING EVIDENCE

 

 

Receiving a Summon

attendance in the Court

oath Taking

examination-in-Chief

gross Examination

Re-Examination

examination by the Court

cleaving the Court 

RECEIVING OF SUMMON:

It is a writ served on a witness from the Court demanding his/her attendance in the Court on a particular date and time to give evidence, with a warning that if he/she fails to attend without reasonable cause, a warrant will be issued against him/her.

It may come from the civil Court or Criminal Court.

If he/she fails to attend without reasonable, valid cause, punishment is

a. In civil Court– liable to pay the damage.

b.In Criminal Court, it is acceptable or imprisonment.

Conduct Money: It is a fee offered or paid to a medical man at the time of serving the summon demanding him as a witness to cover the traveling expenses in civil cases only. A medical man can refuse the summon if the conduct money is not paid at the time of delivery of the summon in civil cases. But in criminal cases, he must attend the Court irrespective of the question of fees. 

When more than one summons is received for the same date, the doctor should follow the following preferences; –

Criminal Court> Civil Court (when one Court is criminal and the other is civil)

Higher Court> Lower Court (when both courts are of the same type)

First received > later received (when both courts are in the same status)

ATTENDANCE IN THE COURT:

In high Court- to the Attorney/Deputy Attorney General

In Session or Additional Session Court- Public Prosecutor/Court Inspector 

In Magistrate Court- Court Inspector/Bench clerk

In Civil Court, before giving evidence, the witness has to take an oath within the witness box. The language of the oath is:” The evidence which I shall deposit in the Court shall be the truth, the whole truth and nothing but the truth. So God help me.” If the witness is an atheist, then the language will be: ” I solemnly affirm that the evidence which I shall deposit in the court shall be the truth, the whole truth and nothing but the truth.”

EXAMINATION

Examination-in-Chief:

Characteristics of Examination-in-Chief are-

1. it is done by the lawyer of the party who calls him to give evidence

2. questions are brief 

3. questions are specific and closely related to the concerned case

4.no leading question is allowed

5. it has a specific time limit

6. answers are free and not interrupted by the lawyer

Cross-Examination:

Characteristics of Cross Examination are-

1. it is done by the lawyer of the party who calls him to give evidence

2. questions may not be brief 

3. questions may not be specific and may not be  closely related to the concerned case

4. leading questions are allowed

5. it has no specific time limit

6. answers may not be free and may be interrupted by the lawyer

Re-Examination:

Characteristics of Re-Examination are-

1. it is done by the lawyer of the party who calls him to give evidence

2. it corrects any mistake made by the witness during cross-examination

3. it clarifies or amplifies new points the witness brings during cross-examination

Examination by Court:

The judge can ask any question at any time to clarify his doubts. He may also ask to explain different scientific terms uttered by the witness.

Leading Question:

A leading question is one whose tone and form suggest the answer the questioner expects to receive—in other words, one that admits of a conclusive answer by simple ‘yes’ or ‘no’.