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Law · Q1606

Indian Evidence Act

Graduate and Post Graduate · Law · question 1606

Q1606

During the course of trial of a rape case, a person present in Court causes a knife injury to another person before the Court. The Judge before whom the incident took place:

A.
May not be called in evidence
B.
May be called in evidence only under special order of a higher Court
C.
May be examined as a witness
Answer
D.
May be called in evidence, only if the trial of that incident is going on before a higher Court

Answer: Option C

Solution

Answer: Option C
Solution:
During the course of trial of a rape case, if a person present in Court causes a knife injury to another person before the Court, the Judge before whom the incident took place may be examined as a witness.

According to the Indian Evidence Act, any person who is present in court and has witnessed an incident can be examined as a witness to provide testimony regarding the events that occurred.

There is no requirement for special orders from a higher court to call the judge as a witness in such a scenario. The judge may be examined like any other witness to provide evidence relevant to the incident.