Section 135 IEA: Order of production and examination of witnesses
Indian Evidence Act, 1872
Section 135 IEA at a Glance
Section 135 IEA deals with order of production and examination of witnesses. From 1 July 2024 it is replaced by Section 140 BSA.
Section 135 IEA Bare Act Text
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.
Source: Section 135, Indian Evidence Act, 1872
Section 135 IEA in Simple Words
Section 135 of the Indian Evidence Act, 1872 states how to fix the sequence for producing and questioning witnesses. Under the Act, a party must follow the applicable procedure when bringing witnesses to court and examining 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 135 IEA 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 135 IEA 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 135 IEA
Section 135 IEA in the BSA
Section 135 IEA is now covered under Section 140 BSA.
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.
View detailed comparison (IEA 135 vs BSA 140) →FAQs on Section 135 IEA
What is Section 135 IEA?▼
Section 135 of the Indian Evidence Act, 1872 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.
What happens under Section 135 IEA when procedural law does not state the sequence of witnesses?▼
The court decides the sequence. Under Section 135 IEA, when no procedural law covers the point, the court uses its discretion to fix the sequence for producing and questioning witnesses.
Does Section 135 IEA apply to both civil and criminal cases?▼
Yes. Section 135 IEA covers both civil procedure and criminal procedure when setting the sequence of witnesses.
What is Section 135 IEA in BSA?▼
Section 140 BSA. Section 135 IEA became Section 140 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·