Code
(1) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.
(2) Any such party may appear before such magistrate, Court or Officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.
Explanation
- The section outlines the order of examination of witnesses in a criminal trial.
- The prosecution begins by examining its witnesses, followed by the accused examining their witnesses and cross-examining the prosecution witnesses.
- Finally, the prosecution gets an opportunity to re-examine their witnesses.
- The purpose of cross-examination is to test the credibility of the witnesses and elicit further information.
- Re-examination allows the prosecution to clarify any points raised during cross-examination.
Illustration: Section 287 CrPC
Imagine a robbery case. The prosecution calls its witnesses, including the victim, who testifies about the robbery. The accused then examines their witnesses, perhaps an alibi witness, and cross-examines the victim, trying to cast doubt on their testimony. Finally, the prosecution can re-examine the victim to clarify any issues raised during cross-examination.
Common Questions and Answers
Q: Who starts the examination of witnesses?
A: The prosecution begins the examination of witnesses.
Q: Can the accused ask questions to the prosecution witnesses?
A: Yes, the accused is entitled to cross-examine the prosecution witnesses.
Q: What is the purpose of re-examination?
A: Re-examination allows the prosecution to clarify any points raised during cross-examination and to re-emphasize their case.
