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State of Jammu-Kashmir - Section

Section 136 in Jammu and Kashmir Panchayati Raj Rules, 1996

136. Examination of parties and their witnesses.

(1)At the hearing of a suit, a Panchayati Adalat or Bench thereof may first examine the parties to ascertain their cases and to find out what the points of difference between them are. In taking evidence the Panchayati Adalat or a Bench thereof shall first examine the plaintiff or the applicant on his witnesses and afterwards the defendant or the non-applicant and his witnesses, as the case may be, while trying a criminal case, the Panchayati Adalat or a Bench thereof shall first explain to the accused the charge or charges made against him and record the prosecution evidence and then examine the accused and record the evidence :Provided that if in a criminal case an accused makes a clear and voluntary confession of the guilt, he shall be convicted without recording any evidence while in a civil case if the claim of the plaintiff or the applicant is totally admitted by the other party it will not be necessary for Panchayati Adalat or a bench thereof to record any evidence.
(2)Each party shall be allowed to cross examine the other party except an accused and the witnesses produced just after the Examination-in-Chief. But the Panchayati Adalat or a bench thereof may, either of its own motion or on the request of any party, examine any person at any stage of the proceedings before passing final orders and in such a case each party shall be entitled to put questions to the person so examined.
(3)Before examining any person except an accused a Panchayati Adalat or a Bench thereof shall administer him the following oath or if the person is willing to make an oath in any other form to which peculiar sanctity is attached in the locality, then in such other forms; "I shall state the truth and nothing but the truth to help me God."