Section 142 BSA: Examination of witnesses
Bharatiya Sakshya Adhiniyam, 2023
Section 142 BSA at a Glance
Section 142 BSA deals with examination of witnesses. It replaced Section 137 IEA on 1 July 2024.
Section 142 BSA Bare Act Text
142. Examination of witnesses
(1) The examination of a witness by the party who calls him shall be called his examination-in-chief.
(2) The examination of a witness by the adverse party shall be called his cross-examination.
(3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination.
Source: Section 142, Bharatiya Sakshya Adhiniyam, 2023
Section 142 BSA in Simple Words
Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 defines the legal terms for each stage of examining a witness in court. Which term applies depends on which party questions the witness and whether the opposing party has already questioned the witness.
Under Section 142(1) BSA, when the party calling a witness questions that witness, it is called examination-in-chief. Under Section 142(2) BSA, when the adverse party (the opposing side in the case) questions the witness, it is called cross-examination.
Under Section 142(3) BSA, when the party that called the witness questions the witness again after the cross-examination, it is called re-examination.
When Section 142 BSA Applies
- Under Section 142(1) BSA, when the party calling a witness examines that witness, the questioning is called examination-in-chief.
- Under Section 142(2) BSA, when the adverse party (the opposing party) examines the witness, the questioning is called cross-examination.
- Under Section 142(3) BSA, when the party that called the witness examines the witness again after cross-examination, the questioning is called re-examination.
Example of Section 142 BSA
Section 142 BSA in the IEA (Previous Law)
Section 142 BSA replaces Section 137 IEA from the old criminal code.
Section 137 of the Indian Evidence Act, 1872 became Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The three definitions are now sub-sections (1) to (3), and the heading now reads "Examination of witnesses".
FAQs on Section 142 BSA
What is Section 142 BSA?▼
Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 defines the stages of questioning a witness in court under the heading Examination of witnesses. Sub-sections (1) to (3) define examination-in-chief, cross-examination, and re-examination.
What is examination-in-chief under Section 142(1) BSA?▼
Examination-in-chief is the questioning of a witness by the party that calls the witness to give evidence.
When does re-examination take place under Section 142(3) BSA?▼
After cross-examination by the adverse party. Under Section 142(3) BSA, re-examination is the questioning of the witness subsequent to cross-examination by the party that called the witness.
What is Section 142 BSA in IEA?▼
Section 137 IEA was the corresponding provision before 1 July 2024. Section 142 BSA keeps the same definitions of examination-in-chief, cross-examination, and re-examination with no substantive change.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·