chief examination

Querist : Anonymous (Querist) 18 April 2010 This query is : Resolved
Dear Sirs,

Kindly tell as to what is 'Affidavit filed in lieu of Chief Examination'? Is it permissible in criminal cases also? Can cross-examination be done solely based on this written Chief Examination? Thanks.

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N RAMESH. (Expert) 18 April 2010
1. In a suit, to prove/defend a case each party has to give his evidence. Such evidence of party by himself is called as chief examination.

The Rule 4 of Order XVIII of the CPC, Sub-rule 1 and 2 thereof read thus:-

In every case, the examination in chief of a witness shall be on affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence

2. Examination of chief by affidavit is not permissible in criminal cases, except in criminal prosecution under sec.138 of NI Act.

3. Yes. Cross examination can be done solely on the basis of written chief examination.

Kiran Kumar (Expert) 19 April 2010
Ramesh Ji has given a good reply, i would just like to add one thing that as far as affidavits are concerned the provisions of O.19 R.3 (in case of civil proceedings) shall be strictly complied with.