Examination of Witnesses & Modern Devices
1. Examination of Witnesses (Art. 133, 138, 150)
- Examination-in-chief: The examination of a witness by the party who calls him.
- Cross-examination: The examination of a witness by the adverse party.
- Re-examination: The subsequent examination by the party who called him after cross-examination. It is directed at explaining matters from cross-examination.
- New Matter Rule: If the calling party introduces a new matter during re-examination (with court permission), the adverse party has the right to further cross-examine on that matter.
- Hostile Witness: When a witness turns and records evidence against the interest of the party who produced them, the party can apply to have them declared a hostile witness. Under Article 150, the court holds discretionary power to permit the calling party to put questions to their own witness that might typically be put by the adverse party.
2. Leading Questions (Art. 136, 137, 138)
- Definition: Any question suggesting the answer which the person putting it wishes or expects to receive is a leading question.
- Where Allowed: Leading questions may be asked freely in cross-examination.
- Where Forbidden: Generally, they cannot be asked in examination-in-chief and re-examination without court permission.
- The Mandate: The Court shall permit leading questions in matters that are introductory or undisputed .
3. Shaking Credit & Witness Character (Art. 141, 146, 148, 149, 151)
- Testing Witness: In cross-examination, questions may be asked to test his veracity and shake his credit by injuring his character .
- Impeaching Credit (Art. 151): The credit of a witness may be impeached by the adverse party, and with the permission of the court, by the party who calls him.
- Collateral Questions Rule (Art. 149): If a witness denies a question regarding their past character (e.g., being dismissed for dishonesty), independent evidence to contradict them is not admissible.
- Court Restrictions:
- Compulsion to Answer (Art. 142): Deals with the compulsion of a witness to answer any question if it relates to a relevant matter.
4. Documents & Refreshing Memory (Art. 156, 157, 158, 159, 160)
- Refreshing Memory (Art. 157): Deals with the right of the adverse party as to writing used to refresh memory.
- Illustration (Art. 156): A book-keeper may testify to facts recorded by him in books regularly kept in the course of business.
- Production Laws (Art. 158–160):
5. Judge's Powers & Special Oaths (Art. 161, 162, 163, 164, 165)
- Judge’s Questions (Art. 161): To discover or obtain proper proof, a judge can ask any question, at any time, about any fact—whether relevant or irrelevant.
- Improper Evidence (Art. 162): Improper admission or rejection of evidence is not automatic grounds for a new trial or reversal of decision .
- Special Oath (Art. 163): Article 163 deals with a special oath. When a plaintiff takes an oath supporting their claim, the court shall call upon the defendant to deny the claim on oath. This rule does not apply to a criminal case or a Hudood case .
- Modern Devices (Art. 164): Covers evidence like CCTV footage, which is admissible. The court may allow it where appropriate, meaning it is entirely on the discretion of the court to consider such evidence.
- Overriding Effect (Art. 165): The provisions of this Order shall have effect notwithstanding anything contained in any other law.