AI Overview...
Is Wether Chief Examination a Statement under Section 145 of the Indian Evidence Act?
Main Points and Insights
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Definition of Statement under Section 145:
Section 145 of the Indian Evidence Act deals with previous statements made by a witness, especially in the context of cross-examination. Multiple sources clarify that statement in this section includes prior recorded statements, affidavits, or statements made during medical examinations, which can be used for confrontation and cross-examination purposes President, Shishu Vihar Bhagini Mandal, Hyderabad VS Yellaiah - Andhra Pradesh, Dantuluri Vekataramaraju VS Katta Narayaan Rao - Dishonour Of Cheque, Blesson P.B, S/o Cheriyan P.J. Vs State Of Kerala - Kerala. -
Scope of Examination and Evidence:
The Indian Evidence Act distinguishes between examination-in-chief, cross-examination, and re-examination. Evidence encompasses all these forms, and prior statements recorded can be used under Section 145 for purposes of confrontation and impeachment of a witness Rajesh Bhalchandra Chalke VS State of Maharashtra - Bombay, Rajesh Bhalchandra Chalke VS State of Maharashtra - Bombay. -
Admissibility of Prior Statements:
Section 145 permits the use of previous statements for cross-examination, and such statements are considered part of the evidence. The right of an accused to inspect and use prior statements is recognized under Sections 145 and 165 of the Evidence Act NATABAR JANA VS STATE - Calcutta. -
Wether Chief Examination as a Statement?
Wether Chief Examination refers to the initial examination of a witness by the prosecution. It is generally considered part of the examination process and not a statement under Section 145 unless it is a recorded prior statement or affidavit. However, if Wether Chief Examination refers to a formal statement recorded earlier or a statement made during investigation, then it can be considered a statement under Section 145 Nanna @ Prahlad VS State of Rajasthan through P. P. - Rajasthan. -
Legal Precedents and Clarifications:
Courts have emphasized that prior recorded statements, including those made during medical examinations or affidavits, can be used under Section 145 for confrontation purposes. The term statement is interpreted broadly to include any prior declaration made by the witness Blesson P.B, S/o Cheriyan P.J. Vs State Of Kerala - Kerala, President, Shishu Vihar Bhagini Mandal, Hyderabad VS Yellaiah - Andhra Pradesh.
Analysis and Conclusion
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Is Wether Chief Examination a Statement?
Based on the legal framework and judicial interpretations, Wether Chief Examination (if it refers to the initial examination-in-chief conducted during the trial) is not considered a statement under Section 145. However, if it pertains to a prior recorded statement (such as a deposition, affidavit, or statement during investigation), then it can be classified as a statement under Section 145 and used for confrontation and cross-examination purposes. -
Final Note:
The key factor is whether the examination is a prior recorded statement or part of the initial examination-in-chief during the trial. The former qualifies as a statement under Section 145, whereas the latter does not. Therefore, the context and nature of the examination determine its classification under Section 145 of the Indian Evidence Act.
References:
- Indian Evidence Act, 1872 - Sections 138, 145, 146, 155 Blesson P.B, S/o Cheriyan P.J. Vs State Of Kerala - Kerala
- Indian Evidence Act, 1872 - Sections 145, 165 NATABAR JANA VS STATE - Calcutta
- Negotiable Instruments Act, 1881 - Section 145 Dantuluri Vekataramaraju VS Katta Narayaan Rao - Dishonour Of Cheque
- Various case laws and legal commentaries clarifying the scope of statement under Section 145 President, Shishu Vihar Bhagini Mandal, Hyderabad VS Yellaiah - Andhra Pradesh, Rajesh Bhalchandra Chalke VS State of Maharashtra - Bombay, Rajesh Bhalchandra Chalke VS State of Maharashtra - Bombay, Nanna @ Prahlad VS State of Rajasthan through P. P. - Rajasthan
Search Results for "Wether Chief Examination is a Statement under Section 145 of Indian Evidence Act"
2015 0 Supreme(Raj) 891 • India - Rajasthan
KANWALJIT SINGH AHLUWALIA, NISHA GUPTA
Indian Penal Code, 1860 Sections 302, 302/149 and 148 Arms Act, 1959 Section 3/25 – The present appeal for setting aside the conviction ... are not reliable as they were armed with guns themselves- It was confirmed by corroboration that the eye witness were natural and evidence ... Therefore, in view of the facts and circumstances of the case, we reject the prayer made in the application filed under Section 391 Cr.PC. read with Section 165 of the Indian Evid....
2006 0 Supreme(Bom) 1088 • India - Bombay
D.B.BHOSALE
... Negotiable Instruments Act, 1881 - Section 145(1)(2) (as amended ... ) - Applicability of. - Since there is no vested right in accused in procedural law hence Section 145(1)(2) of Act applicable to ... an objection is raised regarding admissibility of any material or any item of oral evidence. ... The Learned Counsel for the petitioner placed reliance on the use of the word "examination" as defined in the Indian Eviden....
2025 Supreme(Online)(KER) 8416 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
Evidence Act, and that the right to confront a witness does not extend to subsequent statements made after cross-examination. ... (Paras 1, 11, 14) ... ... (B) Evidence Act, 1872 - Sections 138, 145, 146, 155 ... from Sexual Offences Act, 2012 - Sections 4, 6, 8, 12, 15 - Recall of witness to confront with subsequent statement - The court ... Chapter X of the Evidence #HL_START....
1954 0 Supreme(Cal) 186 • India - Calcutta
SEN GUPTA, RENUPADA MUKHERJEE
DOCUMENTS - ACCUSED'S RIGHT TO INSPECT AND USE FOR CROSS-EXAMINATION - SECTION 145, EVIDENCE ACT - SECTION 165, EVIDENCE ACT - PRACTICE ... The accused has a right to inspect such a record of a previous statement made by a witness, because under Section 145, Evidence Act ... The accused must call for them under Section 163, Evidence#H....
2010 0 Supreme(Bom) 1708 • India - Bombay
MOHIT S.SHAH, V.M.KANADE, R.P.SONDURBALDOTA
and re-examination of a witness under Section 137 of the Indian Evidence Act. ... -It is thus clear that "evidence" as defined by the Indian Evidence Act is not confined to examination-in-chief, cross-examination ... Code would as much be evidence as contemplated by Section 145 of Negotiable Instruments Act a....
2010 0 Supreme(Bom) 1702 • India - Bombay
R.P.SONDURBALDOTA, MOHIT S.SHAH, V.M.KANADE
and re-examination of a witness under Section 137 of the Indian Evidence Act. ... and re-examination of a witness under Section 137 of the Indian Evidence Act. ... -It is thus clear that "evidence" as defined by the Indian Evidence Act is not confined to examination-in-chief, cross-examination#HL_EN....
2006 0 Supreme(All) 1056 • India - Allahabad
VINOD PRASAD
as an adverse party, as provided under Section 145 of the Evidence Act. ... an adverse party, as provided under Section 145 of the Evidence Act. ... and declaring itself as an adverse party, as provided under Section 145 of the Evidence Act. ... C. manner of examination of witness as is provided under the indian Evidence #HL_S....
1967 0 Supreme(AP) 218 • India - Andhra Pradesh
GOPALRAO EKBOLE
EVIDENCE ACT, 1872 - SECTION 145 - STATEMENT - INTERPRETATION - PREVIOUS STATEMENTS MADE BY WITNESS - CROSS-EXAMINATION - ADMISSIBILITY ... the meaning of the word "statement" appearing in Section 145 of the Evidence Act. ... him under Section 145 of the Evidence Act. ... I do not therefore agree with the lea....
• India - Dishonour Of Cheque
A.GOPAL REDDY
under Section 145(1) of Negotiable Instruments Act. ... an affidavit, same may be read in evidence in any enquiry, trial or proceeding—For this purpose, Section 145 of Negotiable Instruments ... freedom to the complainant under Section 145(1) either to give the evidence by way of affidavit or by oral evidence. ... , but rejected the submission made by the counsel that “examination#HL_END....
2024 Supreme(Online)(DEL) 32540 • India - High Court of Delhi
JASMEET SINGH, J
(A) Indian Evidence Act, 1872 - Section 145 - BNSS - Section 528 - Confrontation rights in criminal proceedings - Petitioner denied ... the opportunity to confront the prosecutrix regarding her previous statements recorded during medical examination, which the court ... ... ... Findings of Court: ... The court acknowledged the importance of the prosecutrix's statements and directed that the cross-examination .......
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