IEA 138→BSA 143

IEA 138 to BSA 143: Order of examinations

Section 138 IEA (1872) replaced by Section 143 BSA (2023)

View IEA Section 138 →View BSA Section 143 →

IEA 138 to BSA 143 at a Glance

Section 138 IEA (Order of examinations) is now Section 143 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 138 to BSA 143?

Section 138 of the Indian Evidence Act, 1872 became Section 143 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Examination" now reads "examination-in-chief" in the second limb, and the side heading was dropped.

IEA 138 vs BSA 143: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section138143
HeadingOrder of examinationsSame
Sub-sectionsNone3 sub-sections

IEA 138 and BSA 143: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 138, IEA 1872

138. Order of examinations.—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. The examination 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. Direction of re-examination.—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.
BSA 2023 (in force)

Section 143, BSA 2023

143. Order of examinations.—(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.

When It Applies: IEA 138 vs BSA 143

Under IEA 138
  1. A witness in court was examined-in-chief first, then cross-examined if the adverse party wanted, and then re-examined if the calling party wanted.
  2. Both the examination and the cross-examination had to be about relevant facts.
  3. Re-examination had to focus on explaining points that came up during cross-examination.
  4. If the court gave permission to raise a new matter in re-examination, the adverse party could cross-examine the witness again on that new matter.
Under BSA 143
  1. Under Section 143(1) BSA, a witness in court is examined-in-chief first, then cross-examined if the adverse party wishes, and then re-examined if the calling party wishes.
  2. Under Section 143(2) BSA, both the examination-in-chief and the cross-examination must be about relevant facts.
  3. Under Section 143(3) BSA, re-examination must focus on explaining points that came up during cross-examination.
  4. If the court gives permission to raise a new matter in re-examination, the adverse party may cross-examine the witness further on that new matter.

What IEA 138 to BSA 143 Means in Practice

The same rule on the order and scope of questioning witnesses applies without any substantive change, and a person in court should cite Section 143 BSA for matters governed by the BSA. In Section 143(2) BSA, the word examination was replaced with examination-in-chief, and the old side heading before the re-examination clause was dropped.

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 ·