Of The Examination Of Witnesses MCQ Quiz in मल्याळम - Objective Question with Answer for Of The Examination Of Witnesses - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Cross-examination 

Key Points

• Definition (Section 141, IEA): A leading question is one that suggests the answer which the examiner expects or wants.
• General Rule (Section 143, IEA): Leading questions may be asked in cross-examination as a matter of right, without needing court permission.
• Purpose:Used to test credibility, expose inconsistencies, or challenge the witness during cross-examination.
• Court's Role: No special permission is required from the court for leading questions during cross-examination.

Additional Information

• Examination-in-chief: Leading questions are not allowed unless the court permits it for introductory or undisputed facts.
• Re-examination: Leading questions are not permitted as the purpose is to clarify only what was discussed in cross.
• All of these: Misleading, as leading questions are only generally allowed in cross-examination, not all stages.

The correct answer is Section 146 

Key Points

• Section 146 of the Indian Evidence Act, 1872 deals with:
• "Questions lawful in cross-examination."
• It allows the opposite party to ask questions during cross-examination to:
  • Test the veracity of the witness.
  • Discover the witness's position in life.
  • Shake the credit of the witness by injuring their character.
  • For example, questions about previous convictions, biases, or motives may be allowed under this section.

Additional Information

• Section 145 – Deals with cross-examination as to previous written statements of the witness.
• Section 144 – Relates to when a witness may be cross-examined about previous oral statements made by him without such writing being shown.
• Section 147 – Provides protection for witnesses being compelled to answer questions which are relevant to the issue.

The correct answer is None of the above

Key Points

• Refreshing Memory is NOT under Section 158
  • It is dealt with under Section 159 and Section 160 of the Indian Evidence Act, 1872.
  • Section 159: A witness may refresh memory by referring to any writing made by them at the time or soon after the event.
  • Section 160: A witness may also refer to such a document before giving evidence, if permitted by the court.
• Identification Parade is NOT under Section 10
  • Section 10 deals with things said or done by conspirators in reference to their common design.
  • Identification parade is a procedural aspect under criminal law, not defined in any section of the Evidence Act.
• Admission is NOT under Section 24
  • Section 24 specifically deals with confessions caused by inducement, threat, or promise, making such confessions inadmissible.
  • Admissions are generally covered under Sections 17 to 23.

Additional Information

• Refreshing Memory : Section 158 – Incorrect; the correct sections are 159 and 160.
• Identification Parade : Section 10 – Incorrect; Section 10 relates to conspiracy, not identification.
• Admission : Section 24 – Incorrect; Section 24 relates to confessions, not general admissions.

The correct option is: 4

Key Points

• A witness who is interested in the success of the party who called him is called an Interested witness. This means the witness has a personal interest or stake in the outcome of the case and may be biased in favor of the party calling them.

• Option 1) Hostile witness is incorrect. A hostile witness is one who is adverse or antagonistic to the party that called them to testify. A hostile witness may refuse to testify or may give testimony that is unfavorable to the party that called them.

• Option 2) Natural witness is incorrect. A natural witness typically refers to a witness who is present at the scene of an event or incident and has naturally observed it. It does not imply any bias or interest in the outcome.

• Option 3) Expert witness is incorrect. An expert witness is someone who is called to testify based on their specialized knowledge or expertise in a particular field, such as medicine, engineering, or finance.

Additional Information

• Interested witnesses can be cross-examined to assess their potential bias, and their testimony may be treated with more caution by the court, especially if their interests conflict with the objective truth of the case.

The correct answer is Option 3.

Key PointsSection 142 of the Indian Evidence Act:  When they must not be asked. ––
Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. 

The correct answer is Section 154

Key Points

• Hostile witness: One who gives testimony adverse to the party that called them.
• Section 154 of the Indian Evidence Act, 1872 empowers the court to allow a party to cross-examine their own witness when that witness is declared hostile.
• Normally, a party cannot cross-examine its own witness since they are presumed to support the party’s case.
• However, if the witness shows hostility (i.e., turns against the party who called them or gives evidence unfavorable to them), the court may, in its discretion, permit cross-examination of that witness by the party who called them.

The correct answer is 're-examination.'

Key Points

• Re-examination:
  • Re-examination is a stage in the process of witness examination in a court of law.
  • It follows the cross-examination and is conducted by the party who initially called the witness.
  • The primary purpose of re-examination is to clarify or rebut any issues or ambiguities that arose during the cross-examination.
  • Re-examination is crucial for ensuring that the witness's testimony is clear and accurately understood by the court.

Additional Information

• Further examination-in-chief:
  • This term refers to additional questioning by the party who called the witness, but it is not the term used for the process following cross-examination.
  • Further examination-in-chief typically occurs before cross-examination and is meant to gather more evidence from the witness.
• Further cross-examination:
  • This term refers to additional questioning by the opposing party after the initial cross-examination.
  • It is not conducted by the party who called the witness, hence it is not the correct term for the process following cross-examination by the calling party.
• None of the above:
  • This option is incorrect as the correct term is specifically 're-examination' as defined under Section 137 of the Indian Evidence Act, 1872.

The correct answer is cross-examination  

Key Points

• Meaning of Leading Questions:
  • Leading questions are those that suggest the answer expected in the question itself.
  • Example: "You saw the accused at the crime scene, didn't you?"
• Provision Under Section 143 of the Indian Evidence Act, 1872:
  • This section states that leading questions may be asked in cross-examination.
  • The rationale is that the witness is being questioned by the opposing party, and leading questions help in testing the accuracy and credibility of their statements.

The correct answer is Option 1

Key Points

•  Leading Question (Section 141, Indian Evidence Act, 1872)
  • ​A Leading Question is one that suggests the answer that the examiner expects or desires from the witness. Such questions are framed in a way that guides the witness toward a specific response rather than allowing them to provide an independent and unbiased answer.
• When Leading Questions Must NOT Be Asked (Section 142) 
  • Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.
  • The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. 
• ​When Leading Questions May Be Asked (Section 143)
  • ​Leading questions are allowed in cross-examination because the purpose of cross-examination is to test the credibility and truthfulness of the witness.
• Section 144. Evidence as to matters in writing.
  • Any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.
  • Explanation. –– A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts

The correct answer is No particular number of witnesses is required for proof of any fact.

Key Points

•  Indian Evidence Act, 1872:
  • The Act does not prescribe any minimum number of witnesses required to prove any fact.
• Section 135 of the Evidence Act:
  • Provides that the court shall consider the quality and credibility of the evidence, not the quantity of witnesses.
• Judicial Approach:
  • A single credible witness can prove a fact; the court weighs the reliability and consistency of the testimony rather than the number.
• Practical Application:
  • Sometimes one eyewitness is enough if their testimony is trustworthy and uncontradicted.

Additional Information

• Option 1. Minimum 2 witnesses are required for proof of any fact: Incorrect because law does not mandate two witnesses as a rule.
• Option 2. Minimum 3 witnesses are required for proof of any fact: Incorrect as no statutory rule requires three witnesses.
• Option 3. Minimum 4 witnesses are required for proof of any fact: Incorrect since no such minimum number is prescribed.