Section 140 BSA 2023: Order of Production and Examination of Witnesses

Section 140 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the order in which witnesses are produced and examined before a Court. It links the sequence of witness evidence to the procedural law and practice applicable to civil or criminal proceedings and gives the Court discretion where no governing procedural rule exists.

Meaning and Scope of Section 140

Section 140 is a procedural evidence provision. It does not itself prescribe one universal sequence for every witness in every proceeding. Instead, the applicable civil or criminal procedural law and established court practice ordinarily determine how witnesses are called and examined. Where those sources do not provide a rule for a particular situation, the Court may regulate the order in its discretion.

The provision therefore operates as a bridge between the law of evidence and procedural law. In a civil proceeding, the relevant civil procedure governs the production and examination of witnesses. In a criminal proceeding, the applicable criminal procedure governs that process. The Court retains residual control to manage the sequence when the procedural law is silent.

Key Elements of Section 140

• Order of witnesses: The provision concerns the sequence in which witnesses are produced and examined.
• Civil proceedings: The applicable law and practice relating to civil procedure regulate the sequence.
• Criminal proceedings: The applicable law and practice relating to criminal procedure regulate the sequence.
• Court discretion: If no applicable law or practice regulates the point, the Court may determine the order.
• No independent evidentiary test: Section 140 deals with order and procedure; questions of relevance and admissibility are governed by other provisions of the BSA.

Relationship with Examination of Witnesses

Section 140 appears in Chapter X of the Bharatiya Sakshya Adhiniyam, 2023, which deals with examination of witnesses. It should be read with the succeeding provisions governing judicial decisions on admissibility, examination-in-chief, cross-examination, re-examination and the order of examinations. The section is therefore concerned with case management and sequencing, while the later provisions govern how the examination itself is conducted.

Practical Effect

In practice, parties do not acquire an unrestricted right to call witnesses in any sequence they choose. The order remains subject to the procedural law governing the proceeding and to lawful directions of the Court. Where an unusual factual or procedural situation is not covered by a specific rule, Section 140 recognises the Court's authority to regulate the sequence so that evidence can be received in an orderly manner.

Corresponding Provision under the Indian Evidence Act, 1872

Section 140 BSA corresponds to Section 135 of the Indian Evidence Act, 1872. The subject remains the order of production and examination of witnesses, with the governing civil or criminal procedure taking precedence and court discretion applying where no such rule exists.

Official Legal Sources

For the authoritative text and current status of the Bharatiya Sakshya Adhiniyam, 2023, refer to official Government of India sources:

Updated for the Bharatiya Sakshya Adhiniyam, 2023 as in force from 1 July 2024. Always verify amendments, notifications and judicial interpretation from official sources before relying on a provision in a proceeding.