Witnesses and Recording Of Evidence

Witnesses and Recording Of Evidence


Witnesses
  • A person who gives evidences regarding facts.
Types
  1. Common witness
  2. Expert witness

Common witness:

  • A person who gives evidence about the facts observed or perceived by him.
  • Principle is known as “first-hand knowledge rule”

Expert witness:

  • A person who has been trained or is skilled or has knowledge in technical or scientific subject, and is capable of drawing the opinion and conclusions from the facts observed by himself or noticed by others.
  • Eg: doctor, fingerprint expert, ballistic expert.

Hostile witness:

  • One who is supposed to have some interest or motive for concealing part of the truth, or for giving completely false evidence.
  • IPC -191
Perjury
  • Willful false evidence
  • Whoever, being legally bound by an oath or by an express provision of law to state the truth , or being bound by law to make a declaration upon any subject , makes any statement which is false , and which he either knows or believe to be false ,is said to give false evidence(sections 191 ,192 IPC and 344 CrPC).
  • Punishment of up to 7 years(section 193 IPC)
Record of Evidence
  • Oath
  • Oath is declaration required by law, which is compulsory and hold the witness responsible for the consequences of his evidence.
Examination-in-chief  (Direct Examination)
  • This is the first examination of a witness.
  • Question are put to him by the lawyer for the side which has summoned him.
  • In criminal cases burden to prove is always on the prosecution, and accused is presumed to be innocent till the contrary is proved against him.
  • No leading question is allowed.
The objects are:
  • To elicit all relevant, convincing medical facts.
  • To elicit the conclusion which the doctor has drawn from the facts
Cross-Examination
  • Witness is questioned by the lawyer for the opposite party.
  • The defense witness is cross examined by the public prosecutor.
  • Leading questions are allowed.
The main objects are: 
  • To  elicit facts favourable to his case.
  • To test the accuracy of statement made by witness.
  • To modify or explain what has been said.
  • To develop new or odd facts.
  • To discredit the witness.
  • To remove any undue emphasis which may have been given to any of them.
Reexamination(Re-Direct – Examination)
  • This is conducted by the lawyer for the side which has called the witness.
The objective is:
  • To correct any mistake or to clarify or to add the details to the statement made by witness in cross-examination.
  • Leading questions are not allowed.
  • The opposing lawyer has right to re-cross-examination on the new point raised.
Conduct money
  • It is money paid in some legal systems to a person under the compulsion of a summons to witness/ subpoena to pay for their expenses to attend in court.
  • It generally incorporates a daily rate for each day the witness must attend in court (with a one-day minimum), plus a travel allowance to allow the witness to get to the place of the hearing.
  • Generally, conduct money must be delivered with the summons for it to have legal effect.
  • Witnesses are generally entitled to additional conduct money if their attendance is required on more days than anticipated.
  • Moreover, witnesses who are required to make an overnight stay to attend in court on more than one day are generally entitled to an allowance for accommodation and meals.
  • The rates for travel, daily attendance, accommodation and meals are generally set under a court tariff, and are fixed for all witnesses.
  • A witness may not refuse to appear merely because they believe the conduct money is insufficient to make up for their lost wages or actual travel expenses.
  • Witnesses may be paid more, but the additional cost cannot be claimed against the losing party – only the tariff amount can be recovered.
  • Occasionally, special witnesses, such as experts, may be entitled to receive conduct money under a higher tariff.
Exam Question
 
Witnesses
  • A person who gives evidences regarding facts.
Types
  1. Common witness
  2. Expert witness

Expert witness:

  • doctor, fingerprint expert, ballistic expert.
  • Volunteering a statement can be done by doctor

Hostile witness:

  • One who is supposed to have some interest or motive for concealing part of the truth, or for giving completely false evidence.
  • IPC -191
Perjury
  • Willful false evidence
  • Whoever, being legally bound by an oath or by an express provision of law to state the truth , or being bound by law to make a declaration upon any subject , makes any statement which is false , and which he either knows or believe to be false ,is said to give false evidence(sections 191 ,192 IPC and 344 CrPC).
  • Punishment of up to 7 years(section 193 IPC)
Record of Evidence
  • Oath is declaration required by law, which is compulsory and hold the witness responsible for the consequences of his evidence.
Cross-Examination
  • Witness is questioned by the lawyer for the opposite party.
  • The defense witness is cross examined by the public prosecutor.
  • Leading questions are allowed.
Conduct money
  • It is money paid in some legal systems to a person under the compulsion of a summons to witness/ subpoena to pay for their expenses to attend in court.
  • Conduct money is paid to expert witness with summons from civil court
  • In civil cases, conduct money is decided by judge
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