Section 140 BSA: Order of production and examination of witnesses

Bharatiya Sakshya Adhiniyam, 2023

Section 140 BSA at a Glance

Section 140 BSA deals with order of production and examination of witnesses. It replaced Section 135 IEA on 1 July 2024.

Was IEA

Section 135 →

Section 140 BSA Bare Act Text

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.

Source: Section 140, Bharatiya Sakshya Adhiniyam, 2023

Section 140 BSA in Simple Words

Section 140 of the Bharatiya Sakshya Adhiniyam, 2023 states how to fix the sequence for producing and questioning witnesses. Under the Adhiniyam, which applies from 1 July 2024, a party must follow the applicable procedure when bringing witnesses to court and questioning those witnesses.

In civil cases, the sequence follows the civil procedure law and court practice in force at the time. In criminal cases, the sequence follows the criminal procedure law and court practice in force at the time.

If no such procedural law covers the point, Section 140 BSA leaves the decision to the court. The court then uses its discretion (the power to decide when no fixed rule applies) to set the sequence for producing and questioning witnesses.

When Section 140 BSA Applies

  • 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.

Example of Section 140 BSA

In September 2024, during a criminal trial in Lucknow, a dispute arises over the sequence in which Priya and Ramesh should be produced and questioned as witnesses. Farhan asks the judge to hear Priya after Ramesh, and no rule in the criminal procedure law in force settles that question. Under Section 140 BSA, because no such procedural law covers the point, the court uses its discretion to fix the sequence in which the witnesses are produced and questioned.

Section 140 BSA in the IEA (Previous Law)

Section 140 BSA replaces Section 135 IEA from the old criminal code.

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.

FAQs on Section 140 BSA

What is Section 140 BSA?▼

Section 140 of the Bharatiya Sakshya Adhiniyam, 2023 governs the sequence in which witnesses are produced and questioned in court. It states that civil or criminal procedure law and practice regulate this sequence, and where no such law exists, the court decides.

Who fixes the sequence of witnesses under Section 140 BSA if procedural law is silent?▼

The court fixes the sequence. Under Section 140 BSA, when no procedural law covers the point, the court uses its discretion to set the sequence for producing and questioning witnesses.

Does Section 140 BSA apply to both civil and criminal trials?▼

Yes. Section 140 BSA covers both civil procedure and criminal procedure when setting the sequence of witnesses.

What is Section 140 BSA in IEA?▼

Section 135 IEA. Section 135 IEA became Section 140 BSA on 1 July 2024 without any change in wording.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·