examination-in-chief

Section 142 BSA (old s.137 Evidence Act) defines examination-in-chief as the examination of a witness by the party who calls him; cross-examination is by the adverse party, and re-examination is by the calling party after cross-examination. The order is fixed: chief, then cross (if the other side wishes), then re-examination (if the calling party wishes).

Examination-in-chief and cross-examination must relate to relevant facts, but cross-examination need not be confined to what the witness said in chief. Leading questions generally may not be asked in chief if objected to, except on introductory or undisputed matters, or with the court's permission. In civil trials the examination-in-chief is now usually given by affidavit (Order XVIII Rule 4, CPC).

Example

In examination-in-chief the prosecutor cannot ask, “Did you see the accused stab him?”, because that is a leading question on a disputed fact.

In Indian law

• Section 142 BSA (old s.137 Evidence Act)
• Order XVIII Rule 4, Code of Civil Procedure, 1908: evidence in chief on affidavit

See also

evidence · expert opinion

Read more in the study notes

• Examination-in-chief, cross-examination and re-examination (Bharatiya Sakshya Adhiniyam)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
• Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)
• Leading questions, lawful questions in cross-examination and compulsion to answer (Bharatiya Sakshya Adhiniyam)
• Hostile witness and impeaching the credit of a witness (Bharatiya Sakshya Adhiniyam)