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Full text of "Medical Jurisprudence And Toxicology"

756                                               MEDICAL -JURISPRUDENCE

close any communication made to him in the course and for the purpose of his employ-
ment as such barrister, attorney, pleader or vakil, by or on behalf of his client, or to
state the contents or condition of any document with which he has become acquainted
in the course and for the purpose of his professional employment, or to disclose any
advice given by him to his client in the course and for the purpose of such employment.
Provided that nothing in this section shall protect from disclosure

(1)  any such communication made in furtherance of any illegal purpose ;

(2)  any fact observed by any barrister, pleader, attorney or vakil, in the course of
his employment as such, showing that any crime or fraud has been committed since the
commencement of his employment.

It is immaterial whether the attention of such barrister, attorney, pleader, or vakil
was or was not directed to such fact by or on behalf of his client.

Explanation.—The objection stated in this section continues after the employment
has ceased.

Sec. 132. Witness not excused from answering on ground that answer will crimi-
nate.—A witness shall not be excused from answering any question as to any matter
relevant to the matter in issue in any suit or in any civil or criminal proceeding upon
the ground that the answer to such question will criminate or may tend directly or
indirectly to criminate such witness or that it will expose or tend directly or indirectly
to expose, such witness to a penalty or forfeiture of any kind: Provided that no such
answer which a witness shall be compelled to give, shall subject him to any arrest or
prosecution, or be proved against him in any criminal proceeding, except a prosecution
for giving false evidence by such answer.

Sec. 137. Examination-in-chief.—The examination of a witness by the party who
calls him shall be called his examination-in-chief.

Cross-examination.—The examination of a witness by the adverse party shall be
called his cross-examination.

Re-examination.—The examination of a witness, subsequent to the cross-examination
by the party who called him shall be called his re-examination.

Sec. 138. Order of examination.—A witness shall be first examined-in-chlef, 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 be confined to the facts, to which the witness testified in his
examination-in-chief.

Direction of re-examination.—The re-examination shall be directed to the cxpla-
(nation of matters referred to in cross-examination, and if new matter is, by permission of
'.the Court, introduced in re-examination, the adverse party may further cross-examine
'upon that matter.

Sec. 141. Leading questions.—Any question suggesting the answer which the person
putting it .wishes or expects to receive is called a leading question*

Sec. 142. When they must not be asked.—Leadmg questions must not, if objected
,to by the adverse party, be asked in an examination-in-chief, or in a re-examination,
except with the permission of the Court.

The Court shall permit leading questions as to matters which are introductory or
undisputed, or which have, in its opinion, been already sufficiently proved.

Sec. 143. When they may be asked.—Leading questions may be asked in cross-
examination.

Sec. 146. Questions lawful in cross-examination.—When a witness is cross-
examined, he may in addition to the questions hereinbefore referred be asked any
questions which tend

(1)  to test his veracity,

(2)  to discover who he is and what is his position in life,

(3)  to shake his credit, by injuring his character, although the answer to  such
question might tend directly or indirectly to expose him to a penalty or for-
feiture.

Sec. 152. Questions intended to insult or annoy.—The Court shall forbid any
-question which appears to it to insult or annoy, or which, though proper in itself, appears
to the Court needlessly offensive in form.

Sec. 157. Former statements of witness may be proved to corroborate later testi-
mony as to same fact,—In order to corroborate the testimony of a witness, any former
statement made by such witness relating to the same fact, at or about the time when
the fact took place, or before any authority legally competent to investigate the fact,
may be proved.

Sec. 159. Refreshing memory.—A -witness may, while under examination, refresh
"his memory by referring to any writing made by himself at the time of the transaction