Of The Examination Of Witnesses MCQ Quiz in தமிழ் - Objective Question with Answer for Of The Examination Of Witnesses - இலவச PDF ஐப் பதிவிறக்கவும்

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.

The correct answer is Option 2

Key Points Under Section 122 of the Indian Evidence Act, a husband and wife cannot be compelled to disclose communications made to each other during their marriage. This is considered privileged communication between spouses.

• Relevance: The communication between the accused and his wife is relevant because it pertains to the facts of the crime (the murder). It's a statement made by the accused regarding his involvement in a crime, which would normally be considered a confession.
• Admissibility: However, Section 122 bars the wife from disclosing this communication in a court of law. As a result, although it is relevant, it is inadmissible as evidence in court due to the marital communication privilege.

The correct answer is 'Judge'

Key Points

• Admissibility of evidence:
  • The judge decides the admissibility of evidence in a court of law.
  • This involves determining whether the evidence is relevant, reliable, and not prejudicial.
  • The judge ensures that the evidence presented complies with legal standards and rules of procedure.

Additional Information

• The party:
  • The party involved in the case can present evidence but does not decide its admissibility.
  • Their role is to argue for the inclusion of evidence that supports their case.
• Lawyers:
  • Lawyers can argue for or against the admissibility of evidence but do not have the authority to decide on it.
  • They play a crucial role in presenting and challenging evidence during the trial.
• All the above:
  • This option is incorrect as it suggests that parties, lawyers, and judges all decide on admissibility, which is not true.
  • Only the judge has the legal authority to make such decisions.

The correct answer is 'Re-Examination'

Key Points

• Re-Examination:
  • Re-examination is a process in legal proceedings where the witness is questioned again by the party who called them after the cross-examination.
  • Its primary purpose is to clarify any points that were raised during the cross-examination and to address any new issues that might have come up.
  • It is generally considered less critical than the initial examination (Examination in Chief) and cross-examination, and therefore, is not treated as an essential part of the judicial process.

Additional Information

• Cross Examination:
  • This is a critical part of the judicial process where the opposing party questions the witness to challenge their testimony's credibility and truthfulness.
  • It helps to reveal inconsistencies or inaccuracies in the witness's statements and is essential for ensuring a fair trial.
• Examination in Chief:
  • This is the initial questioning of a witness by the party who called them. It is fundamental to establish the witness's account and evidence.
  • The testimony provided during this examination forms the basis for the case presented by the calling party.
• All the above:
  • This option is incorrect because re-examination, cross-examination, and examination in chief are not all treated as non-essential.
  • Both cross-examination and examination in chief are considered essential parts of the judicial process.

The correct answer is option 4.Key Points

•  Section 144  of Indian Evidence Act 1872 deals with 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.