Of The Examination Of Witnesses MCQ Quiz - Objective Question with Answer for Of The Examination Of Witnesses - Download Free PDF

The correct answer is Section 148

Key Points

• Section 148 – Court’s discretion on asking irrelevant questions:
• This section of the Indian Evidence Act, 1872 empowers the court to permit questions that are not directly relevant to the case but affect the credibility of a witness.
• Purpose:
  • It allows cross-examination on collateral facts to test the veracity, character, or credibility of a witness, even if such facts are not directly connected to the suit or proceeding.
• Judicial Discretion:
  • The court may permit or disallow such questions based on whether:
  • The imputation is supported by evidence.
  • There is reasonable ground for it.
  • It is just to permit the question.
• Example:
  • If a witness is being cross-examined about past dishonest conduct (unrelated to the current case), the court may allow the question under Section 148 to assess credibility.

Additional Information

• Option1. Section 146: Deals with questions permitted during cross-examination to test truthfulness, discover identity, or impeach credibility — but on relevant matters.
• Option 2. Section 147:  Allows questions on matters relevant only to test a witness's credibility, but does not cover court discretion on irrelevant matters.
• Option 4. Such questions cannot be asked: Incorrect. They can be asked if permitted by the court under Section 148.

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 option is When matter in question is sufficiently proved.

Key Points

• Section 141 of the Indian Evidence Act of 1872 deals with the concept of leading questions.
• A leading question is one which suggests the answer or puts words in the mouth of a witness. 
• It is a question that prompts or encourages a witness to give a particular answer. 
• Under the Indian Evidence Act, a leading question is defined in Section 142.
  • “Leading questions are those that suggest to the witness the answer that the person posing the question desires. Leading questions are generally prohibited, but they are allowed in the cross-examination of a witness and in the examination of a witness who is declared hostile.” 
• Leading questions are questions that guide or prompt the witness to answer in a specific way, often suggesting the desired answer. 
• While they are generally not allowed during the examination-in-chief (the initial questioning of a witness by the party who called the witness), they are permitted in certain circumstances, such as during cross-examination or when a witness is declared hostile by the party who called them. 
• If the matter in question has been sufficiently proved, the court may grant permission for leading questions during examination-in-chief.
• Under the Indian Evidence Act, Section 143 specifies the essentials for asking leading questions.
  • “Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief or in re-examination, except with the permission of the Court.”

The correct option is  Section 154.

Key Points

• Section 154 of the Indian Evidence Act of 1872, allows for the impeachment of a witness by proof of prior inconsistent statements made by that witness.
• In this case, since the victim is denying the prosecution's case, the Public Prosecutor may seek to impeach the victim's testimony by introducing evidence of any prior statements made by the victim that contradict their current testimony.
• This provision enables the Public Prosecutor to ask leading questions to the victim to establish the contradiction between their current testimony and their previous statements.
• Section 154: Question by party to his own witness.
  1. The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.
  2. Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any part of the evidence of such witness.

The correct option is Option 1.

Key Points

• Section 145 of the Indian Evidence Act of 1872 talks about the cross-examination as to previous statements in writing.
• Section 145:
  • "A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used to contradict him."
• This section allows the cross-examination of a witness based on their previous written statements without proving the contents of the statement.
• However, if the intention is to contradict the witness using the written statement, the relevant portions must be brought to the attention of the witness before they can be proved.
• This provision is designed to balance the rights of cross-examination with fairness to the witness by giving them an opportunity to explain or deny the contents of their previous written statement.

Additional Information

• Cross-examination of a witness shall be conducted in the following manner: 
  • The party who calls a witness shall not cross-examine him except as to matters about which he has been examined-in-chief; nor, except with the leave of the Court, as to matters, which are relevant to the matters in question in the suit; nor with the object of impeaching his credit, by reasons of his having been bribed or having accepted a gratuity, or of his having had improper relations with a party to the suit, or to shake his credit, by proof of his having made at other times statements inconsistent with his present testimony; but, in such case, the Court may require the party calling the witness to be cross-examined to make the said inquiry at the same time as the witness called by him is cross-examined.
  • The witness shall be cross-examined by the adverse party; and if the party calling him cross-examines him, he shall not afterwards be entitled to cross-examine him except with the leave of the Court. 
  • The adverse party may put any questions to the witness, in cross-examination, which ought to have been put by the party calling him in his examination-in-chief; and the adverse party shall not be entitled to cross-examine the witness upon any other matters, except with the leave of the Court, and the Court may grant leave to cross-examine on such other matters if in its opinion, the examination-in-chief of the witness has been such as to afford to the adverse party an opportunity of contradicting him."

The correct answer is option 3.

Key Points

• Section 121 of Evidence Act says No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting.

The correct answer is option 3.

Key Points

• Section 151 of the Indian Evidence Act, 1872, addresses the court's authority to prohibit the asking of questions or making inquiries that it deems indecent or scandalous. 
• The Court has the discretion to forbid any questions or inquiries that it considers indecent or scandalous.
• Such question may be put to the witness during cross-examination when it relates to facts in issue or is necessarily connected with them.
• The purpose of this section is to ensure that the proceedings in a court are conducted in a manner that upholds decency and avoids unnecessary scandal or embarrassment. 

Additional Information

•  The Court can also forbid questions that are intended to insult or annoy as stated in Section 152 of the Act. The section further states that the Court might forbid a question even if it is proper, but the Court thinks that it is needlessly offensive in form.

The correct answer is option 3.

Key Points

• Sections 137 and 138 of the Indian Evidence Act, 1872, pertain to the examination of witnesses in legal proceedings.

• Section 137: Examination-in-chief, Cross-examination, and Re-examination

  Examination-in-chief:

  This refers to the initial examination of a witness by the party who has called that witness. The purpose is to elicit the evidence in support of the party's case.

        Cross-examination:

        After the examination-in-chief, the adverse party (the opposing party) has the right to cross-examine the witness. Cross-examination aims to test the                     credibility of the witness, challenge the evidence given during the examination-in-chief, and bring out any inconsistencies or weaknesses.

        Re-examination:

        Following the cross-examination, the party who called the witness has the opportunity for re-examination.

        Re-examination is limited to addressing the matters that were brought up during cross-examination. The party can seek clarification or explain any points              that may have been raised during the cross-examination.

• Section 138: Order of Examinations

        Order of Examination:

       Witnesses are to be examined in a specific order:

      First, they are examined-in-chief; then, if the adverse party desires, they undergo cross-examination; and finally, if the party calling the witness wishes, there         is a re-examination.
      Relevance of Examination:

       The examination and cross-examination must relate to relevant facts. However, the cross-examination is not confined to the facts mentioned during the                 examination-in-chief.

       It allows the adverse party to explore a broader range of matters.
      Direction of Re-examination:

       Re-examination is directed towards explaining the matters that were brought up during cross-examination.

      If new matters are introduced during re-examination with the court's permission, the adverse party has the right to further cross-examine on those new matters.​

Additional Information

•  Examination of a witness is asking the witness questions regarding relevant facts in the case and recording the statements of witnesses as evidence.

The correct option is Option 4

Key Points

• The examination-in-chief is the questioning of a witness by the party that called the witness to testify.
• Leading questions are generally not allowed during examination-in-chief.
• The purpose of the rule is to allow the witness to provide their testimony in a more open and unbiased manner.
• However, there are exceptions to the general rule under the Indian Evidence Act of 1872.
• Some of the exceptions include:
  • Adverse Witness:
    • If a witness is declared hostile by the party calling them, leading questions may be allowed during examination-in-chief.
    • A hostile witness exhibits hostility or reluctance to the party that called them.
  • Unfavourable Witness:
    • If a witness is expected to be unfavourable to the party calling them, leading questions may be permitted during examination-in-chief to elicit the necessary information.
  • Examination of an Expert:
    • Leading questions may be allowed during the examination-in-chief of an expert witness, as they are presumed to have specialized knowledge in their field.
  • Cross-Examination:
    • Leading questions are commonly allowed during cross-examination, where the opposing party questions the witness.

The correct option is Option 1.

Key Points

• Narco-Analysis is a forensic technique.
• This technique is used for extracting information from an individual's subconscious mind by inducing a state of deep relaxation and reduced inhibition.
• It involves the administration of a drug called sodium amytal or sodium pentothal which is a barbiturate.
• Sodium pentothal:-
  • It is a short-acting barbiturate that depresses the central nervous system, leading to a state of relaxation and altered consciousness.
• It is believed that under the influence of sodium pentothal, individuals may be more willing to reveal information that they might be hesitant to disclose in a conscious state.
• The reliability and admissibility of information obtained through narco-analysis have been widely debated. Critics argue that the method is not scientifically proven, and the information obtained may be unreliable, influenced by suggestion, or even fabricated by the person undergoing the procedure.
• Many legal systems around the world have varying views on the admissibility of evidence obtained through narco-analysis.

The correct answer is Option 1

Key Points

•  If a person making dying declaration survives his statement can not be used as evidence u/s 32 of Evidence Act though it was recorded as dying declaration.
•  In Ram Prasad v. State of Maharashtra (1999) it was held that if a maker of dying declaration survives then the statement becomes usable to corroborate the witness as provided u/s 157 of Evidence Act or to contradict him as provided in Section 145 thereof.
• Section 157 allows the statement of a witness to be corroborated by his former statement relating to same fact at or about the time when the fact took place or before any competent authority.
• Section 145 consists of two parts. According to the first part a witness may be cross-examined as to previous statement made by him in writing or is reduced into writing without showing the writing to him or proving the same. Second part is intended to contradict him through cross-examination where the previous statement is in writing. The object of the section is either to test the memory of witness or to contradict him by previous statements in writing.

Additional Information What is Dying Declaration?

• According to Section 32 (1) of the Indian Evidence Act, when a person makes a statement regarding the cause of their death or any circumstances related to the incident that led to their death, it is considered relevant in cases where the cause of their death is questioned. These statements remain relevant even if the person who made them is no longer alive at the time of their statement and regardless of the nature of the legal proceeding.
•  It is one of the exception to general Rule of Evidence Act that "Oral evidence must be direct."
• Principle on which dying declaration are admissible in evidence, based on legal maxime : "Nemo Moriturous Praesumitur Mentire" i.e. a man will not meet his maker with lie on his mouth. 

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The correct answer is option 3.Key Points

• Section 137 says examination-in-chief means the examination of witness by the party who calls him shall be called his examination-in-chief.
• Cross-examination means the examination of a witness by the adverse party shall be called his cross-examination.
• Re-examination means the examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.
• Cross-examination is a crucial stage in a legal proceeding, especially during a trial, and it serves several important objectives.