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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

During the trial of Rajan, a witness for the prosecution testified in examination-in-chief only about the sale of a vehicle. Defence counsel wishes to cross-examine him on facts relevant to the case but not touched upon in examination-in-chief. Under the Adhiniyam, the cross-examination:

Cross-examination must relate to relevant facts, but it need not be confined to the facts the witness spoke of in examination-in-chief. So the defence may question him on other relevant facts. Irrelevant matters are not allowed even in cross-examination.

  1. AMust be confined to the facts stated in examination-in-chief
  2. BIs not permitted beyond examination-in-chief unless the Court re-calls the witness
  3. CMust relate to relevant facts but need not be confined to the facts of examination-in-chiefCorrect
  4. DMay relate to any fact, relevant or not, since it is the adverse party's right

Explanation

Section 143(2) requires both examination-in-chief and cross-examination to relate to relevant facts, but cross-examination need not be confined to the facts testified in examination-in-chief. Option D is wrong as relevance is still required.

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