Examination in chief

Our judicial systems is based on adversial systems unlike the Civil Law Counties. with their inquistorial systems. In adversil systems it is the right to confront one's accusers or opponents but in inquistorial systems the judge is the main actor or so called investigating Jydge. The civil law judge on the European continent the Judge is more active with inquisitive  official role unlike the Common Law countries like US and India. But I must say this, in India,  If we look up to the Procedural Laws, the Judge is cast with a responsibilities to control the proceedings in trial and tplays the role of an inquistitive official role rather than a sleeping judge.  

Dear Mr Bharat, 

It depends on the type of case. 

If it is a civil case, the examiation in chief is done by the parties own counsel and cross examination is done by other side counsel. 

In criminal cases, the examination in chief is done by public prosecutor. If in a criminal case, the victims counsel has been given permission by magistrate to prosecute then victims counsel can do examination in chief. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance. 

Hello,

Examination in chief is always conducted by the complainant. If it is a state case public prosecutor will conduct examination in chief. If public prosecutor is not present then magistrarte may conduct the chief. 

Yes, In civil cases examination of chief is always conducted by parties own counsel but in criminal cases public prosecutor or complainants counsel conduct examination in chief.

I heard that examination in chief is being conducted now by simply filing an affidavit in civil suits. I was told that this is a recent development. Is it true? 

I do not know about criminal cases. 

Dear Mr Das, 

Yes it is true. As per amended Order 18 Rule 4 CPC, the examination in chief in a civil case is done by furnishing an Affidavit. However in criminal cases, the Chief and Cross is done as per traditional practice i.e. oral deposition. However, Chief in Section 138 cases is done by simply filing Affidavit similar to Civil cases. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court , Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance. 

Dear Sir, thank you very much for your detailed explanation. It is comprehensive and very useful. 

T. K. Das