Correct option is C
A new matter can be raised only with the permission of the court. Under the Indian Evidence Act, 1872, during the re-examination of a witness, new matters may only be introduced if the court permits them. The main purpose of re-examination is to clarify or explain the matters raised during cross-examination, not to introduce new issues unless deemed necessary by the court.
Information Booster:
Re-examination is an important stage of witness examination under the Indian Evidence Act, 1872, outlined in Section 138. After a witness has been cross-examined, the party who called the witness has the right to re-examine them. The purpose of re-examination is to clarify points that were raised during cross-examination, especially if answers given during cross-examination were confusing, misleading, or incomplete.
·
Section 138 of the Indian Evidence Act governs the order and process of examining witnesses, and it specifically states that re-examination must be confined to matters raised during cross-examination.
· However,
new matters can be introduced during re-examination
only with the permission of the court. This rule prevents abuse of the re-examination process by limiting it to clarifying previously discussed topics unless the court finds it necessary to explore new matters for a just conclusion.
Additional Knowledge:
1.
Option (a) A new matter can be raised as a matter of right generally: This is incorrect. A party cannot raise new matters in re-examination as a matter of right. The purpose of re-examination is to clarify issues raised in cross-examination, not to introduce fresh issues or facts unless permitted by the court.
2.
Option (b) No new matter can be raised: This is also incorrect. Although re-examination is primarily meant to clarify issues from cross-examination, new matters
can be introduced with the court's permission. This is important because sometimes, new facts are necessary to explain or clarify the witness’s testimony properly.
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