IEA 135 to BSA 140: Order of production and examination of witnesses
Section 135 IEA (1872) replaced by Section 140 BSA (2023)
IEA 135 to BSA 140 at a Glance
Section 135 IEA (Order of production and examination of witnesses) is now Section 140 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 135 to BSA 140?
Section 135 of the Indian Evidence Act, 1872 became Section 140 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
IEA 135 vs BSA 140: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 135 | 140 |
| Heading | Order of production and examination of witnesses | Same |
IEA 135 and BSA 140: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 135, IEA 1872
135. Order of production and examination of witnesses.—The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the Court.
BSA 2023 (in force)
Section 140, BSA 2023
140. Order of production and examination of witnesses.—The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the Court.
When It Applies: IEA 135 vs BSA 140
Under IEA 135
- Applies when witnesses are brought before a court and questioned in a case.
- Requires the sequence of witnesses in civil and criminal cases to follow the procedure law and court practice in force at the time.
- Lets the court decide the sequence of witnesses when there is no procedure law on the point.
Under BSA 140
- Applies when witnesses are brought before a court and questioned in a case.
- Requires the sequence of witnesses in civil and criminal cases to follow the procedure law and court practice in force at the time.
- Lets the court decide the sequence of witnesses when there is no procedure law on the point.
What IEA 135 to BSA 140 Means in Practice
Section 135 IEA became Section 140 BSA on 1 July 2024 without any change in wording. The same rule on the sequence for producing and questioning witnesses applies, and a party or lawyer should cite Section 140 BSA for matters governed by the BSA.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·