Section 143 BSA: Order of examinations

Bharatiya Sakshya Adhiniyam, 2023

Section 143 BSA at a Glance

Section 143 BSA deals with order of examinations. It replaced Section 138 IEA on 1 July 2024.

Was IEA

Section 138 →

Section 143 BSA Bare Act Text

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.

Source: Section 143, Bharatiya Sakshya Adhiniyam, 2023

Section 143 BSA in Simple Words

Section 143 of the Bharatiya Sakshya Adhiniyam, 2023 sets the order and scope for questioning witnesses in court. It applies from 1 July 2024. Under Section 143(1) BSA, a witness must be examined-in-chief (questioned first by the calling side) before any other questioning. Next, the adverse party (the opposing side) can cross-examine the witness if that party wishes. After that, the party who called the witness can re-examine the witness if the calling party wishes.

Under Section 143(2) BSA, both the examination-in-chief and the cross-examination must be about relevant facts. However, cross-examination does not have to stay limited to the facts covered during examination-in-chief.

Under Section 143(3) BSA, re-examination must focus on explaining points raised during cross-examination. New matter can be brought in during re-examination only if the court gives permission. When the court allows a new matter, the adverse party can cross-examine the witness further on that point.

When Section 143 BSA Applies

  • 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.
  • Under Section 143(2) BSA, both the examination-in-chief and the cross-examination must be about relevant facts.
  • Under Section 143(3) BSA, re-examination must focus on explaining points that came up during cross-examination.
  • 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.

Example of Section 143 BSA

In September 2024, Anita calls Farhan as a witness in a contract dispute in a Bengaluru court. Under Section 143(1) BSA, Anita questions Farhan first in examination-in-chief about the contract. Under Section 143(2) BSA, the adverse party, Ramesh, cross-examines Farhan on other relevant facts not covered during examination-in-chief. Under Section 143(3) BSA, Anita re-examines Farhan to explain a point from cross-examination and, with court permission, introduces a new matter about the contract. Ramesh then cross-examines Farhan further on that new matter in the contract dispute.

When Section 143 BSA Does Not Apply

  • Cross-examination under Section 143(2) BSA is not restricted to the topics covered during examination-in-chief, so long as the questions are about relevant facts.
  • Re-examination under Section 143(3) BSA is restricted to explaining points from cross-examination, and a party cannot bring in a new matter without court permission.

Section 143 BSA in the IEA (Previous Law)

Section 143 BSA replaces Section 138 IEA from the old criminal code.

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.

FAQs on Section 143 BSA

What is Section 143 BSA?▼

Section 143 of the Bharatiya Sakshya Adhiniyam, 2023 sets the order for questioning witnesses in court: examination-in-chief first, then cross-examination, and then re-examination. It also defines what each stage of questioning may cover.

Can cross-examination under Section 143 BSA go beyond the facts covered in examination-in-chief?▼

Yes. Under Section 143(2) BSA, cross-examination does not have to stay limited to the facts that the witness spoke about during examination-in-chief. Every question must still be about relevant facts.

Must every witness be cross-examined and re-examined under Section 143 BSA?▼

No. Under Section 143(1) BSA, cross-examination happens only if the adverse party wants it, and re-examination happens only if the party who called the witness wants it.

Can a party raise a new matter during re-examination under Section 143 BSA?▼

Yes, if the court gives permission. Under Section 143(3) BSA, re-examination is otherwise limited to explaining points raised during cross-examination. When the court allows a new matter, the adverse party may cross-examine the witness further on that point.

What is Section 143 BSA in IEA?▼

Section 138 IEA is the corresponding provision that Section 143 BSA replaced on 1 July 2024 with no substantive change. The word examination was replaced with examination-in-chief in the clause on relevant facts, and the old side heading was dropped.

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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 ·