Ans: Section 141, 142 ,143 deals with the leading questions. Witnesses are examined by the parties or their advocates by the way of asking questions in order to elicit responses of the questions. Only the recording of mere statement by the police under section 161 of Cr.P.C does not decide the evidentiary value of statement of witness. The evidentiary value of statement will be decided by the examination and cross examination of witness. The leading questions are those questions which have the answers in themselves. The answer should be in either yes or no. Generally all the questions that are in Yes or No form are leading questions. If we say if your name is Harish, it is a leading question of which answer is in yes or no form. Leading questions are defined in section 141 and section 142 mentions that leading questions can not be asked in examination in chief and will be asked in cross examination only according to section 143 of Indian evidence act, 187...
Ans: Yes ,the court can redact, return and reject the affidavit as evidence. The examination in chief is a person who calls the witness for examination is examination in chief. According to order 19, rule 5 of cpc, the court may on its discretion after recording the reasons in writing can redact, return and reject an affidavit. According to order 19, rule 5(1) of cpc , the court can redact or can order for the redaction of some portions of affidavit of examination in chief. According to order 19, rule 5(2) of cpc, the court can also reject or return the affidavit of examination in chief to which the court thinks of not an admissible evidence.
Ans: The examination of a witness by the party who calls him shall be called his examination-in-chief. The opposite party will make cross- examination against examination-in-chief. Leading questions will be asked in cross-examination and not in examination-in-chief. The examination of a witness by the party who calls him shall be called his examination-in-chief. After taking oath the witness has to give answers the questions asked by the party who has called him before the court. Section 137 of Indian Evidence Act, 1872 : Examination-in-chief: The examination of a witness by the party who calls him shall be called his examination-in-chief. After taking oath the witness has to give answers the questions asked by the party who has called him before the court.
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