Types of Witnesses & Rules for giving evidences

2. TYPE OF WITNESS
&
RULES FOR GIVING
EVIDENCE
BY- DIKSHA MEHRA & LEKASRI C MKU
VOLUNTEER AFRS

3. Contents
• Witness Definition
• Types of Witness
• Rules for giving Evidence
Fig. Court of Law, Judge, Lawyers & Witnesses

4. Witness-Definition
• Witness is a person who
witnesses any act or
series of acts or a scene
taking place.
• A Competent Witness
may perceive any act
from his eyes or ears or
smell or sensation or
touch or any other
reasonable mode.
• As per section 118 of
the Indian Evidence
Act, a competent
witness is one who has
the capacity and ability
to understand the
questions put to him by
the court.

5. Types Of Witness
Interested Witness
Chance Witness
Stock Witness
Expert witness
Prosecution & defense
witness
Eye Witness
Official Witness
Related Witness
Hostile witness
Dumb witness

6. • A person who
wants the accused
to be behind bars
for the crime he
committed.
INTERESTED
• Any person who, by
coincidence is
present at the scene
of a crime or is
passing by the
scene of a crime
CHANCE
• A person who
remains at the
backfoot of police
and comes in front
as per directions of
police.
STOCK
• When a person
from the police
force gives
testimony in the
court of law.
OFFICIAL
• Eyewitness
testimony is the
account a
bystander or victim
gives in the
courtroom.
EYE

7. Prosecution & Defense
Witness
• Prosecution Witness –
Any witness who has
been brought into the
court to testify by the
prosecution while
supporting their claims.
• Defense Witness – Any
person who justifies the
contentions of the
defense by providing
such statements that
can discharge the
accused from any
charges filed.

8. •Any person who was
connected to the crime in its
illegal commission or
omission provides the
statements in the court
•Any person who is not
capable of giving oral
statements can be allowed to
provide statements in written
declaratory form in the court.
Such written statements shall
be deemed as oral evidence
•A child who has the
understanding of the
questions of the court or has
the rational answers to the
questions put forward can
testify in a court as per
section 118 of Indian
Evidence
•Any person who by his
consequent statements gives
out an impression of not
letting out the truth or not
desirous of hiding the truth.
Hostile Child
Accomplice
Dumb

9. Rules for Giving Evidence
• Oath- “In a judicial
proceeding, the witness
is liable to speak the
truth only after taking an
oath. If any witness lies
in a judicial proceeding
after taking an oath for
speaking the truth, then
it is itself an offense
under the Indian Penal
Code, 1872.”
• There are three Stages of
Examination of Witness:
1. Examination-in-chief
2. Cross-Examination
3. Re-examination

10. Rules
• There are four Rules of Evidence; Validity, Sufficiency,
Authenticity and Currency.
• The Rules of Evidence are very closely related to the
Principles of Assessment and highlight the important factors
around evidence collection.
• Any question suggesting the answer which the person putting
it wishes or expects to receive is called a Leading Question.
• Leading questions must not, if objected to by the adverse
party be asked in an examination-in-chief, or in a re-
examination, except with the permission of the Court.

11. Rules
Leading questions can only be asked during cross-examination and
not during examination-in-chief or re-examination unless and until
the court allows. When giving your evidence:
• Take your time, speak slowly and clearly
• Ask for the question to be repeated if you do not understand it or
cannot hear
• If you are not sure of the answer, say so
• You can ask the judge for guidance
• Talk to the judge (or jury if there is one) when giving your
evidence

12. Thank You