Bharatiya Sakshya Adhiniyam, 2023
Section 143 BSA: Order of Examinations of Witnesses
Section 143 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) sets out the normal sequence in which a witness is examined before a Court: first examination-in-chief, then cross-examination if the adverse party chooses to conduct it, and finally re-examination if the party who called the witness considers it necessary.
Correction: Section 143 on the order of examinations belongs to the Bharatiya Sakshya Adhiniyam, 2023, not the Bharatiya Nagarik Suraksha Sanhita, 2023.
Text of Section 143 - Order of examinations
143. (1) Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.
(2) The examination-in-chief and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.
(3) The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.
Meaning and scope of Section 143 BSA
1. Examination-in-chief comes first
The party who calls a witness begins by examining that witness. The purpose is to place the witness's relevant evidence before the Court in support of that party's case.
2. Cross-examination follows if the adverse party chooses
After examination-in-chief, the adverse party may cross-examine the witness. Section 143 expressly provides that cross-examination is not confined only to matters stated during examination-in-chief, although it must concern relevant facts.
3. Re-examination may follow
The party who originally called the witness may re-examine the witness to explain matters arising from cross-examination. Re-examination is therefore ordinarily explanatory rather than an opportunity to present an entirely new case.
4. New matter in re-examination requires permission of the Court
If a new matter is introduced during re-examination with the Court's permission, the adverse party receives a further opportunity to cross-examine the witness on that new matter.
Key rule: The statutory sequence is examination-in-chief, cross-examination, and re-examination. The provision protects both orderly presentation of evidence and the adverse party's opportunity to test or respond to the witness's testimony.
Related definitions under Section 142 BSA
Section 142 immediately preceding Section 143 defines the three stages of witness examination:
Examination-in-chief: Examination of a witness by the party who calls that witness.
Cross-examination: Examination of the witness by the adverse party.
Re-examination: Examination of the witness, after cross-examination, by the party who originally called that witness.
Read together, Sections 142 and 143 provide both the meaning of each stage and the order in which those stages normally occur.
Practical effect in Court proceedings
Section 143 is important in civil and criminal adjudication because it structures the taking of oral evidence. The party calling the witness first presents the witness's evidence, the opposite side may test that evidence by cross-examination, and the calling party may then clarify matters that arose during cross-examination.
The provision also makes two limits clear. First, examination-in-chief and cross-examination must concern relevant facts. Second, re-examination should ordinarily address matters raised in cross-examination. Where re-examination introduces new matter with the permission of the Court, fairness is maintained by allowing further cross-examination on that matter.
Corresponding provision under the Indian Evidence Act, 1872
Section 143 BSA substantially corresponds to Section 138 of the Indian Evidence Act, 1872, which also dealt with the order of examination-in-chief, cross-examination and re-examination. The BSA replaced the Indian Evidence Act as the principal central evidence law from 1 July 2024.
| Current law | Earlier corresponding provision | Subject |
|---|---|---|
| Section 143, Bharatiya Sakshya Adhiniyam, 2023 | Section 138, Indian Evidence Act, 1872 | Order of examinations |
Official sources
For the authoritative statutory text, see Bharatiya Sakshya Adhiniyam, 2023 on India Code. The Central Government appointed 1 July 2024 as the commencement date through the Ministry of Home Affairs notification dated 23 February 2024.
This page is intended as a statutory reference and general legal information. For case-specific advice, consult a qualified legal professional.