• There are two kinds

    • Common witness
    • Expert witness
  • Common witness
    • “Statement of facts” which an ordinary witness has actually observed.
    • “Fact” is defined by the Indian Evidence Act.
      • Anything capable of being perceived by the senses.
      • Any mental condition of which any person in conscious.
  • One fact is said to be relevant to another referred as relevance of facts.
  • Expert witness
    • Is one given by the person having professional knowledge / training is capable of deducting opinions and interference form the facts observed by himself or noticed by other when the court has to form an opinion upon a point of foreign law or of science or art, as to that identify of handwriting (or finger prints), the opinion upon that point of person specially skilled.
    • Veterinary witness is an expert witness.

Hints for giving evidence

  • Always prepare the facts of the case before going to Court by reference to your original notes and consider what possible questions you may be asked and be prepared with your answers.
  • Speak slowly and distinctly.
  • Avoid technical terms as far as possible.
  • Answer question with a ‘Yes’ or ‘No’ as far as possible.
  • If you unable to answer any question say ‘I can not answer’.
  • Do not lose your temper while cross examination by lawyer. They may put question of an irritating nature.
  • Quotations from books should be avoided.
Last modified: Tuesday, 5 June 2012, 10:39 AM