Question

Examination-in-Chief is conducted by:

• A. Chief Examiner of the Court
• B. A lawyer appointed by the accused
• C. A lawyer appointed by the government
• D. Presiding Judge in the Court

Hint:

Remember the sequence of witness examination:
1. Examination-in-Chief (by the party who calls the witness)
2. Cross-Examination (by the opposite party)
3. Re-Examination (by the same party to clarify doubts)

Answer 1

The Correct Option is B

Step 1: Understanding the Concept.
The term Examination-in-Chief refers to the first stage of questioning a witness during a trial. It is conducted by the party who has called the witness to support their case. The purpose of this examination is to elicit relevant facts favorable to the case of that party.

Step 2: Key Legal Provision.
According to Section 137 of the Indian Evidence Act, 1872, "The examination of a witness by the party who calls him shall be called his examination-in-chief." The subsequent stages are cross-examination (by the opposing party) and re-examination (by the party who called the witness).

Step 3: Detailed Explanation.
- In a criminal trial, if the witness is called by the defense, the lawyer representing the accused conducts the examination-in-chief.
- If the witness is called by the prosecution, the Public Prosecutor conducts the examination-in-chief.
The examination-in-chief is always conducted by the advocate representing the party who called the witness — not by the judge or any court-appointed officer.
Let's analyze the options:
- (A) Chief Examiner of the Court: Incorrect — there is no such designation in court proceedings.
- (B) Lawyer appointed by the accused: Correct — when the witness is called by the defense.
- (C) Lawyer appointed by the government: Correct only for prosecution witnesses, but since the question mentions "accused," option (B) is more contextually accurate.
- (D) Presiding Judge: Incorrect — the judge oversees proceedings but does not conduct witness examinations.
Step 4: Final Answer.
Hence, the Examination-in-Chief is conducted by the lawyer of the party who calls the witness. In the context of the accused, it is done by the lawyer appointed by the accused. Therefore, option (B) is correct.