AI Overview...
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Re-examination Timing - Re-examination of a witness must be conducted on the same day the cross-examination concludes to ensure the integrity and continuity of the witness's testimony Ashutosh Pathak VS State of Uttar Pradesh - Supreme Court.
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Court Discretion and Witness Recall - Courts have the discretion to recall witnesses for re-examination or cross-examination, especially when justice demands or to clarify testimony, but such requests can be denied if not justified SUNI vs STATE OF KERALA - Kerala.
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Impact of Adjournments and Delays - Frequent adjournments and delays in cross-examination can cause inconvenience and may hinder the proper testing of witness credibility, emphasizing the need for timely proceedings Dastane VS Shrikant - Kerala.
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Importance of Cross-Examination - Cross-examination is vital for testing the veracity of witness statements, and its proper conduct, including immediate re-examination if needed, is crucial for fair trial proceedings VEDPRAKASH VERMA Vs STATE OF CHHATTISGARH - Chhattisgarh.
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Limitations and Admissibility - The admissibility of evidence, especially medical or derived evidence, depends on proper examination procedures, and limitations exist on examining an accused's body, affecting the scope of cross-examination Bhondar VS Emperor - Calcutta.
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Court's Role and Procedure - Courts must facilitate the examination process, including allowing recall or re-examination, to uphold justice, but procedural delays or refusals can compromise the process Memon Mohmedrafik Rasulbhai VS Desai Ramesh Kumar Virsanghbhai - Dishonour Of Cheque.
Analysis and Conclusion:
The sources collectively affirm that re-examination of a witness should ideally occur on the same day after cross-examination ends to maintain procedural integrity and ensure accurate testimony. Courts have the authority to permit or deny recall or re-examination based on justice considerations, but delays and adjournments should be minimized. Proper conduct of cross-examination is fundamental to testing witness credibility, and procedural rules aim to facilitate this process effectively. Overall, conducting re-examination on the same day as cross-examination is a recognized principle to uphold fairness in judicial proceedings.
Search Results for "Re Examination of Witness has to be Done on the same Day when Cross Examination Ends"
2025 5 Supreme 114 • India - Supreme Court
SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Criminal Procedure Code, 1973 – Section 311 – Indian Penal Code, 1860 – Sections 498-A, 323, 504 and 506 – Summoning of witness ... application under Section 311 of Code for summoning independent witnesses – Defence was given ample opportunity to examine the witness ... Hence, it was incumbent on the prosecution to conduct the examination-in-chief of such witness and only thereafter the petitioner would have been able to cross-examine him. ... at the first instance of examination. ... ....
2001 0 Supreme(Ker) 194 • India - Kerala
K.T.THOMAS, R.P.SETHI, S.N.PHUKAN
The respondents, advocates representing the accused, sought numerous adjournments for cross-examining the witness, causing inconvenience ... The court found that seeking adjournments for postponing the examination of witnesses who are present in court without making other ... Fact of the Case: The appellant, an aggrieved witness, filed a complaint for theft of electricity. ... He presented himself before the Court for being cross-examined, despite all the frets and vexations suffered by him till that ....
• India - Crimes
J.B.PARDIWALA, A.C.RAO
embodies fundamental maxim of criminal law i.e. actus non reum facit nisi mens sit rea (an act does not constitute guilt unless done ... State, AIR 1954 Pat 129, it transpired during the cross-examination of the first witness for the prosecution that the accused had been insane and that his insanity continued up to the date of the trial. ... afresh maintaining the earlier cross-examination conducted by the defence counsel”. ... The cross-examination ....
• India - Dishonour Of Cheque
Z.K.SAIYED
way in present appeal is concerned, the original criminal case is not decided on merits but only dispose of mainly because the witness ... the Court for justice, his right cannot be removed or washed out by a learned trial Judge with a simple word that on next hearing witness ... complainant if he did not turn up the court then the learned trial Judge can issue non-bailable warrant also and he can simply call the witness ... It is indeed too premature (sic) or dies during the Police the cross-examination#HL_END....
1931 0 Supreme(Cal) 201 • India - Calcutta
S. K. GHOSE, LORT-WILLIAMS, LORD-WILLIAMS
It highlights the medical evidence, admissibility of evidence derived from the examination of the accused, and the jury's verdict ... Issues: The issues included the admissibility of medical evidence derived from the examination of the accused, the jury's ... It also highlighted the limitations on the examination of an arrested person's body and the admissibility of evidence obtained through ... The learned advocate for the Crown has pointed out that on the same day that it was rejected there is a note made saying that ....
2023 Supreme(Online)(CHH) 5526 • India - High Court Of Chhattisgarh
Hon'ble Shri Justice Radhakishan Agrawal
The court noted that cross-examination is crucial for testing the veracity of witness statements and that the petitioner's inability ... CROSS-EXAMINATION - POCSO ACT - COURT'S DISCRETION UNDER SECTION 311 CRPC - SUMMARY Fact of the Case: 10) Cross-examination of the witness happens to be more important for the reason that examination-in-chief is nothing but unverified version of the witness and it is only during t....
2017 0 Supreme(Ker) 1082 • India - Kerala
SUNIL THOMAS
The answers given by the child in the stands as the Voir dire on different basis regarding the facts if the witness claim is ascertained ... as the public prosecutor regarding this incident which has been given by the eye witness including the appearance - Facts that are ... proved or disproved in the trial here the courts can reject the framing of the questions and the questions should determine the witness ... after his examination and cross examination. ... If the child wi....
2016 Supreme(Online)(KER) 28660 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Recall - Witness Examination - IPC Section List - The court emphasized the principles under Section 311 of the Code, permitting ... Issues: Whether the court below erred in denying the recall of witnesses for cross-examination in the interest of justice ... Case: The petitioners, accused in a criminal case, challenged the dismissal of their application to recall witnesses for cross-examination ... The junior counsel was asked to cross examine PW 1 which was #HL_STAR....
2025 Supreme(Online)(Gau) 5155 • India - THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MR. JUSTICE KARDAK ETE, J
The trial court dismissed his request to review the order dropping him as a witness. ... Code of Civil Procedure, 1908 - Sections 115 and 151 - Review of orders - The petitioner sought to review orders rejecting his examination ... , 32) ... ... Facts of the case: ... The petitioner, a defendant in a title suit, was unable to appear for his examination ... and also the consequential order dated 24.01.2024, whereby, the evidence of defendant No.3 has been closed, and to allow the Petitioner to appear before the Court as witness....
2016 0 Supreme(All) 1149 • India - Allahabad
ANIL KUMAR, ANIL KUMAR SRIVASTAVA II
PW-1, PW-2 thereafter when opportunity was granted to him by way of recall said witnesses for re-cross-examination he had failed ... to do so even in that factility his right to cross-examination cannot be curtailed down in any manner and same is in entravention ... Sections 302, 364 and 201—Murder—Conviction—Even if there is some fault on part of accused for not taking appropriate steps for cross-examining ... —The examination of a witness by the adverse party shall ....
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