What is re-examination? Refer to the relevant provision.

Question: What is re-examination? Refer to the relevant provision. [R.J.S. 1999, W.B.J.S., 1997]

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Answer

Re-examination, as defined under section 137 of the Indian Evidence Act, states that the examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.

Re-examination is the stage during trial before the court when the party who called the witness may if he likes and if it is necessary, re-examine him. The re-examination must be confined to the explanation of matters arising in cross-examination.

The proper purpose for re-examination is by asking questions as may be proper to draw forth an explanation or meaning of expressions used by the witness in cross-examination if they are doubtful. New matters may, however, be introduced by permission of the court, and if that is done, the adverse party has a right to cross-examine the witness on that point.

As per section 138 of the act which gives the order of examination: The proper limit of re-examination is to confine it to an explanation of the matters dealt with in cross-examination.

If the re-examination introduces a new matter, the adverse party will have the right to cross-examine the witness over that new matter. The party who called the witness may if he likes and if it be necessary, re-examine him. The purpose of it is the explanation or clarification of the expressions used by the witness in cross-examination.

The provision further provides Direction of re-examination.—The re-examination shall be directed to the explanation of matters referred to in cross-examination; and if a new matter is, by permission of the court, introduced in re-examination, the adverse party may further cross-examine upon that matter.

Re-examination of witness is not confined to clarification of ambiguities arising in cross-examination. New matter can be elicited with the permission of the court and the court must be liberal in granting such permission. Any number of questions can be asked in re-examination [Rammi v. State of M.P. (1999) 8 SCC 649].

In a re-examination of witnesses, examination-in-chief cannot be supplemented by starting totally new facts for the first time. The purpose of re-examination is only to get the clarification of some doubts created in the cross-examination. Also, there is no warrant that re-examination, should be limited to one or two questions and so if the exigency requires any number of questions can be asked in re-examination.

Where the prosecution failed to submit any clarification through re-examination, the benefit of the doubt to go to defence [Ramsewak v. State of M.P (2004) 11 SCC 259] In Anil Sharma v. State of Jharkhand AIR 2004 SC 2294, held that prayer for an order of re-examination has to be consulted objectively.

\The prayer on behalf of the accused of re-examination of a witness was rejected twice by the trial court. It was also dealt with elaborately by the High Court and thus obtained finality and even the Supreme Court refused to interfere.

However, it is to note that Hypothetical questions should be disallowed in re-examination. As discussed under Section 45 of the Act hypothetical question may be put to an expert. But the hypothetical questions cannot be put to ordinary witnesses of the fact. Courts should disallow the hypothetical question to ordinary witnesses.

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Important Mains Questions Series for Judiciary, APO & University Exams

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3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
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