What is Judge to decide as to admissibility of evidence? Who is Examination in chief? What is Order of examinations? Section 136, 137 and 138 of Indian Evidence Act 1872
Judge to decide as to admissibility of evidence, Examination in chief and Order of examinations are defined under section 136, 137 and 138 of Indian Evidence Act 1872. Provisions under these sections are:
Section 136 of Evidence Act "Judge to decide as to admissibility of evidence"
When either party proposes to give evidence of any fact,
the Judge may ask the party proposing to give the evidence
in what manner the alleged fact, if proved, would be
relevant; and the Judge shall admit the evidence if he
thinks that the fact, if proved, would be relevant, and not
If the relevancy of one
alleged fact depends upon another alleged fact being
first proved, the Judge may, in his discretion, either
permit evidence of the first fact to be given before the
second fact is proved, or require evidence to be given
of the second fact before evidence is given of the first
The fact that the person is dead must be proved by the
person proposing to prove the statement, before evidence is
given of the statement.
Section 137 of Evidence Act "Examination in chief"
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.
Section 138 of Evidence Act "Order of examinations"
What is Production of documents or electronic records which another person, having possession, could refuse to produce? What is witness not excused from answering on ground that answer will criminate? Section 131 and 132 of Indian Evidence Act 1872