When a party, who has called a witness to give evidence on his behalf, examines the witness and draws out the evidence which is relevant to the issues and favourable to his case, it is called examination in chief. Examination in chief is mostly conducted on the basis of the signed proof of evidence supplied by a witness, which covers the matters on which he can speak. However, it is not necessary that the course of examination be confined to the contents of the proof. The examination may range over any matters which are relevant to the issues and occur to be within the competence of the witness. The examination in chief of the prosecution witnesses in criminal cases is conducted on the basis of the contents of the witness statement but is not restricted to it. The evidence in chief should be taken in the words of the witness and thus leading questions are not allowed. A leading question refers to one which put words into the mouth of the witness or directly suggests the answer which the examiner expects of him. Leading questions are permissible in the following matters:
On preliminary matters which are preparatory to questions about the facts in issue.
On any matters which are not in dispute.
Where a witness is called to deal with some fact already in evidence, he may be directly asked about that fact.
Where leave has been granted to treat the witness as hostile.
By agreement between the parties.
In an examination in chief, every witness is mandatory to identify himself to the court by giving his name and address. However, the judge is empowered to allow the details to be written down where disclosure of such details might endanger such witness or where it is necessary for the proper administration of justice.
