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Report No. 185

77. Amendment of section 137.-

In section 137 of the principal Act, for the words "Re-examination.- The examination of a witness, subsequent to the cross examination by the party who called him ,shall be called his re-examination" the following shall be substituted, namely:-

"Re-examination.- The further examination of a witness by the party who called him, subsequent to the cross-examination, shall be called re-examination."

78. Substitution of section 138 For section 138 of the principal Act, the following section shall be substituted, namely:-

"138. Order of examinations.- (1) A witness shall be first examined-in-chief, then (if the adverse party so desires) cross examined, then (if the party so desires) re-examined.

(2) The examination and cross examination must relate to relevant facts but the cross examination need not be confined to the facts to which the witness testified on his examination in chief.

(3) Direction of re-examination.- The re-examination shall be directed to the explanation of matters referred to in cross examination; and if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.

(4) Further examination-in-chief.- The Court may in all cases permit a witness to be recalled either for further examination-in-chief or for further crossexamination, and if the court does so, the parties have the right of further crossexamination and re-examination or re-examination, as the case may be."

Review of the Indian Evidence Act, 1872 Back

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