Re-examining a Witness in Labor Law: Is It Possible and What Are the Time Limits?

pramodbhandari
Re-examining a Witness: Possibility and Legal Framework

Is it possible to re-examine a witness? What is the time limit, and under which section of labor law does this fall? This information will be used just for knowledge.
bv sudhakar
Your query is incomplete. What context do you want to re-examine the witness in? Are you conducting a domestic enquiry? In a domestic enquiry, we do not follow the Evidence Act. It is allowed to re-examine the witness once their cross-examination is completed by the accused. To address any contradictory statements made during the cross-examination, the Management Representative can conduct a re-examination. Please note that after your re-examination, you must allow for a re-cross-examination of the witness.

With warm regards,
BV Sudhakar
kknair
Dear Pramod, Reexamination of a witness is permissible. In DE, the process of recording evidence of a witness essentially involves three steps. Firstly, the examination in chief, where the witness is examined by the party producing them. Next, the cross-examination, which is done by the opposite party. Finally, reexamination by the original party that had produced the witness to the extent of any new points that had come up in the cross-examination. It could only be clarificatory. However, if any new point arises, as pointed out by Mr. Sudhakar, then cross-examination has to be allowed if desired by the opposite party.
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