re-examination

Examination of a witness runs in three stages: examination-in-chief, cross-examination by the adverse party, and, if the calling party wishes, re-examination. Under the Bharatiya Sakshya Adhiniyam, 2023, s.142 (old s.137 Evidence Act) defines it and s.143 (old s.138) fixes its scope.

Re-examination is limited to explaining matters that came up in cross-examination: to clear up an ambiguity or to let the witness give the full context of an answer that was cut short. A new matter may be introduced only with the court's permission, and if it is, the adverse party may cross-examine on it again. Leading questions are not allowed in re-examination without the court's leave, because the witness is the party's own.

Example

In re-examination the prosecutor asked the witness to explain why he had delayed reporting, a point first raised in cross-examination.

In Indian law

• Sections 142 and 143, Bharatiya Sakshya Adhiniyam, 2023 (old ss.137 and 138 Evidence Act)

See also

examination-in-chief · cross-examination · leading question · witness

Read more in the study notes

• Examination-in-chief, cross-examination and re-examination (Bharatiya Sakshya Adhiniyam)
• Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)
• Offences against the State (Bharatiya Nyaya Sanhita)
• Character evidence in civil and criminal cases (sections 46 to 50) (Bharatiya Sakshya Adhiniyam)
• Leading questions, lawful questions in cross-examination and compulsion to answer (Bharatiya Sakshya Adhiniyam)
• Client counselling, court-room situations and communication games (Business Communications)