SHO & SHC are same (bombay Police act, 1951)
Querist :
Anonymous
(Querist) 24 April 2011
This query is : Resolved
1) Can we say that examination in chief & cross examination is applicable to any criminal cases & only cross examination is applicable in any civil cases & no examination in chief is applicable right ?
2) Who can be a investigation officer as per crpc, 1973 ? Can a police officer in chager can be a IO can a SHO/SHC be a IO or not ?
Some says that SHO/SHC both are one & the same but i think it is not so because both have the different powers right ? can anybody tell where SHO/SHC are define under the bombay police act, 1951.
thanks.
Sarvesh Kumar Sharma Advocate
(Expert) 24 April 2011
1) Can we say that examination in chief & cross examination is applicable to any criminal cases & only cross examination is applicable in any civil cases & no examination in chief is applicable right ?
yes you r right!
Sarvesh Kumar Sharma Advocate
(Expert) 24 April 2011
2) Who can be an investigation officer as per crpc, 1973 ? Can a police officer in-charge can be an IO can a SHO/SHC be a IO or not ?
yes as per police act i.o. can any officer by law.
but except complinent!
Parveen Kr. Aggarwal
(Expert) 24 April 2011
I disagree. In civil as well as criminal cases, whenever evidence of a witness is recorded, firstly his examination-in-chief is to be recorded and only then his cross-examination by the opposite party will be recorded. There cannot be cross-examination without examination-in-chief.
Querist :
Anonymous
(Querist) 25 April 2011
Sarvesh K Sharma(JI) Thanks a Million.
M.Sheik Sir Thanks
Praveen Sir Thanks
There cannot be cross-examination without examination-in-chief. sir pls provide me the section of case law which says the above mentioned line in civil cases (SC).
Thanks.
Parveen Kr. Aggarwal
(Expert) 25 April 2011
Order 18, Rule 4 of the Code of Civil Procedure, 1908:
"4. Recording of evidence: (1) 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.
Provided that where documents are filed and the parties rely upon the documents, the proof and admissibility of such documents which are filed along with affidavit shall be subject to the orders of the Court.
(2) The evidence (cross-examination and re-examination) of the witness in attendance, whose evidence (examination-in-chief) by affidavit has been furnished to the Court, shall be taken either by the Court or by the Commissioner appointed by it:
Provided that the Court may, while appointing a commission under this sub-rule, consider taking into account such relevant factors as it thinks fit:
(3) The Court or the Commissioner, as the case may be, shall record evidence either in writing or mechanically in the presence of the Judge or of the Commissioner, as the case may be, and where such evidence is recorded by the Commissioner he shall return such evidence together with his report in writing signed by him to the Court appointing him and the evidence taken under it shall form part of the record of the suit."
Section 138 of the Indian Evidence Act, 1872:
"138. Order of examinations: 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.
The examination and cross-examination must relate to relevant facts but the cross-examination need not to be confined to the facts which the witness testified on his examination-in-chief.
Direction of re-examination - The re-examination shall be directed to the explanation of matters referred to in cross-examination, and if new matter by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter."
