18.3 Examination of Witnesses

18.3 Examination of Witnesses

Quick Answer: Under QSO Chapter X (Arts 130–161), witnesses are examined in a fixed order: examination-in-chief → cross-examination → re-examination (Arts 132–133). Leading questions are defined in Art 136, restricted in chief/re-exam (Art 137), and allowed in cross (Art 138). Hostile handling is Art 150; impeaching credit is Art 151. Cross may attack veracity, position, and credit (Art 141), subject to Court control of indecent/scandalous (Art 146) and insulting questions (Art 148). Witnesses may refresh memory (Arts 155–157); the Judge may question and order production (Art 161).

Why examination procedure scores marks

LAW-GAT stems love order, leading questions, hostile witnesses, and what the Court can forbid. You do not need advocacy theatre—you need Article numbers and a procedure table.

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Order of production and the three stages

Articles 130–131 — Gatekeeping

Art 130: The order in which witnesses are produced and examined is regulated by the law and practice for the time being relating to civil and criminal procedure (i.e., QSO layers on CPC/CrPC practice).

Art 131: The Judge decides as to admissibility of evidence; he may ask the proposed question in the absence of the jury (where applicable) and of the witness if needed.

Article 132 — Definitions of the three stages

Article 133 — Order of examinations (memorise)

1. Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.
2. Examination and cross-examination must relate to relevant facts, but cross-examination need not be confined to the facts to which the witness testified in chief.
3. Re-examination shall be directed to explanation of matters referred to in cross-examination; if new matter is introduced by permission of the Court in re-examination, the adverse party may further cross-examine upon that matter.

Supporting rules (often tested as traps)

Procedure table — Stages at a glance

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Leading questions — Arts 136 to 138

Article 136 — Definition

Any question suggesting the answer which the person putting it wishes or expects to receive is a leading question.

Article 137 — When leading questions must not be asked

1. Leading questions must not, if objected to by the adverse party, be asked in examination-in-chief or re-examination, except with permission of the Court.
2. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.

Article 138 — When leading questions may be asked

Leading questions may be asked in cross-examination.

Exam cues:

• Objection matters in chief/re-exam—if nobody objects, practice may allow more latitude, but the statutory safe answer tracks Art 137.
• “Did you see the red car hit the pedestrian?” is leading; “What did you see?” is not.

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Hostile witness and impeaching credit

Article 150 — Question by party to his own witness

The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.

This is the statutory home of the hostile / adverse / unwilling witness path: once the Court permits, the calling party may use leading questions and other cross tools against his own witness.

Article 151 — Impeaching credit of witness

The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him:

1. Evidence of persons who, from knowledge of the witness, believe him unworthy of credit;
2. Proof that the witness has been bribed, accepted a bribe offer, or received any other corrupt inducement to give evidence;
3. Proof of former statements inconsistent with any part of his evidence which is liable to be contradicted.

Explanation theme: A witness who says another is unworthy of credit generally does not give reasons in chief, but may be asked reasons in cross; those answers are not to be contradicted as such (false answers may later found a false-evidence charge).

Link to Art 140: A witness may be cross-examined as to previous statements in writing without first showing the writing; but if you intend to contradict him by the writing, his attention must be called to the relevant parts before the writing is proved.

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Lawful cross-examination and Court controls

Article 141 — Questions lawful in cross-examination

In addition to questions already allowed, a witness under cross may be asked questions which tend—

1. to test his veracity;
2. to discover who he is and what is his position in life; or
3. to shake his credit by injuring his character,

although the answer might tend to criminate him or expose him to a penalty or forfeiture.

Articles 142–145 — Compulsion and reasonable grounds

Articles 146–148 — Indecent, scandalous, insulting questions

Art 147 adds a sequencing guard in defamation/libel/slander prosecutions/suits: character-injuring questions about the person allegedly defamed wait until findings on publication and truth issues (as statute provides).

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Refreshing memory — Arts 155 to 157

Article 155 — Refreshing memory

A witness may, while under examination, refresh memory by referring to:

1. Any writing made by himself at the time of the transaction, or so soon after that the Court thinks the transaction was then fresh in memory; or
2. Any such writing made by another person and read by the witness within that time, if when he read it he knew it to be correct.

With Court permission he may use a copy if there is sufficient reason for non-production of the original. An expert may refresh memory by reference to professional treatises.

Article 156 — Testimony without specific recollection

A witness may testify to facts mentioned in an Art 155 document even without specific recollection of the facts themselves, if sure the facts were correctly recorded (classic book-keeper illustration).

Article 157 — Adverse party’s right

Any writing referred to under Arts 155–156 must be produced and shown to the adverse party if he requires it; such party may cross-examine upon it.

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Judge’s power — Article 161

Art 161: The Judge may, in order to discover or obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness or of the parties, about any fact relevant or irrelevant, and may order production of any document or thing. Parties cannot object to such question/order, nor (without leave) cross-examine upon answers to the Judge’s questions.

Provisos (critical):

1. Judgment must still be based on facts declared relevant and duly proved.
2. Judge cannot compel answers/documents that the witness could refuse under Arts 4 to 14 (privileges).
3. Judge must not ask questions improper under Arts 143 or 144.
4. Judge must not dispense with primary evidence of documents except in allowed cases.

Exam cue: Art 161 is broad truth-seeking power, not a licence to ignore relevance, privilege, or primary evidence rules.

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End-to-end examination checklist

Call witness (Art 130 practice)
→ Chief (no leading if objected: Art 137)
→ Cross (leading OK: Art 138; scope + credit: Arts 133, 141)
   ├─ Hostile/own witness problems? → seek Art 150 permission
   ├─ Impeach credit? → Art 151 (+ Art 140 for prior writings)
   └─ Indecent/insulting? → Arts 146, 148 Court forbid
→ Re-exam (explain cross; new matter only with leave)
→ Refresh memory if needed (Arts 155–157)
→ Judge may intervene with questions/production (Art 161 + provisos)

Key Takeaways

• Art 133 fixes the order: chief → cross → re-exam; cross is not chained to chief’s topics.
• Leading: define (136), restrict in chief/re-exam (137), allow in cross (138).
• Hostile: Court discretion under Art 150; impeachment methods in Art 151.
• Court policing: indecent/scandalous (146), insult/annoy (148), reasonable grounds for credit attacks (144).
• Arts 155–157 refresh memory; Art 161 lets the Judge question and order production without discarding privilege or proof rules.