C. D. Fields : Law Relating To Witnesses With Examination Of Witnesses, 5th Ed | 2022

A "Witness" refers to an individual who possesses knowledge about a particular matter. In legal terms, a witness is someone who provides testimonial evidence—either voluntarily or under legal obligation—through oral or written statements regarding what they know or claim to know.

Witnesses play a crucial role in helping the court reach accurate conclusions on disputed facts and determining the truth. They serve as the foundation of the decision-making process. When conflicting versions of an event arise in a dispute, witnesses become essential in establishing the facts, thereby aiding the pursuit of justice. This principle holds even greater significance in criminal cases, where verdicts often rely heavily on witness testimonies, especially those of eyewitnesses who directly observed the incident or crime. This is why Bentham, over 150 years ago, described witnesses as "the eyes and ears of justice."

Whittaker Chambers once defined a witness as "a man whose life and faith are so completely one that when the challenge comes to step out and testify for his faith, he does so, disregarding all risks, accepting all consequences."

Furthermore, the book emphasizes the undeniable importance of witnesses in criminal proceedings, as their testimonies and cooperation are vital at every stage of the legal process. In cases where the prosecution must establish guilt beyond doubt, witness testimonies—subjected to thorough cross-examination—can be decisive in understanding the circumstances surrounding a crime.

The book, Law Relating to Witnesses, is widely regarded as an authoritative work on the subject. Now in its fifth edition, it has been extensively revised to incorporate recent legal amendments and judicial decisions. The authors have meticulously analyzed case law, ensuring relevant updates are placed appropriately within the text.

This book aims to serve the needs of the legal community, prosecution agencies, and all those involved in this area of law. It is structured into three parts: Part I provides an overview of witnesses, Part II focuses on their examination, and Part III addresses issues related to the improper admission or rejection of evidence.

Contents of Law Relating To Witnesses With Examination Of Witnesses, 5th Ed:

PART I: OF WITNESSES

1. Competency of a Person to Testify as a Witness
2. Dumb Witnesses
3. Parties To Civil Suit and Their Wives or Husbands
4. Judges and Magistrates
5. Communications During Marriage
6. Evidence as to Affairs of State
7. Official Communications
8. Information as to Commission of Offences
9. Professional Communications
10. Section 126 To Apply To Interpreters, Etc.
11.  Waiving of Professional Privilege
    
12. Confidential Communications with Legal Advisers
13. Production of Title-Deeds of Witness Not A Party
14. Production of Documents or Electronic Records
15. Doctrine of Self Incrimination
16. Accomplice
17. Number of Witnesses

PART II: OF THE EXAMINATION OF WITNESSES

18. Order of Production and Examination of Witnesses

19. Judge To Decide As To Admissibility of Evidence

20. Stages of Examination of A Witness

21. Order of Examinations of A Witness

22. Cross-Examination of Person Called To Produce Document

23. Witnesses to Character

24. Leading Questions-Meaning of 

25. When They Must Not Be Asked

26. When Leading Questions May be Asked

27. Evidence As To Matters In Writing

28. Cross-Examination As to Previous Statements In Writing

29. Questions Lawful In Cross-Examination

30. When Witness To be Compelled to Answer

31. When Question Shall be Asked and When Witness Compelled To Answer, Is To Be Decided by Court

32. Question Not To Be Asked Without Reasonable Grounds

33. Procedure of Court In Case of Question Being Asked Without Reasonable Grounds

34. Indecent And Scandalous Questions

35. Questions Intended To Insult or Annoy

36. Exclusion of Evidence To Contradict Answers To Questions Testing Veracity

37. Question by Party To His Own Witness

38. Impeaching Credit of Witness

39. Admissibility of Questions Tending To Corroborate Evidence of Relevant Fact

40. Proving Of Former Statements To Corroborate Later Testimony

41. Matters Which May Be Proved In Connection With Proved Statement Relevant Under Sections 32 or 33

42. Refreshing Memory

43. Testimony To Facts Stated In Document Mentioned In Section 159

44. Right of Adverse Party As To Writing Used To Refresh Memory

45. Production And Translation of Documents

46. Giving of Document Called For and Produced on Notice, As Evidence

47. Using of Document As Evidence, Production of Which was Refused on Notice

48. Judge's Power To Put Questions or Order Production of Any Document or Thing

49. Power of Jury or Assessors to Put Questions

PART III: OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

50. No New Trial For Improper Admission or Rejection of Evidence

APPENDICES

A. The Oaths of Act

B. The Code Of Civil Procedure, 1908

C. The Code of Criminal Procedure, 1973

D. The Indian Penal Code, 1860

INDEX

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