Section 137 IEA: Examination-in-chief

Indian Evidence Act, 1872

Section 137 IEA at a Glance

Section 137 IEA deals with examination-in-chief. From 1 July 2024 it is replaced by Section 142 BSA.

Now BSA

Section 142 →

Section 137 IEA Bare Act Text

137. Examination-in-chief

The examination of witness by the party who calls him shall be called his examination-in-chief.

Cross-examination.—The examination of a witness by the adverse party shall be called his cross-examination.

Re-examination.—The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.

Source: Section 137, Indian Evidence Act, 1872

Section 137 IEA in Simple Words

Section 137 of the Indian Evidence Act, 1872 defines the legal names for each stage of questioning a witness in court. The name depends on which party questions the witness and whether the opposing side has already done so.

When the party calling a witness questions that witness, it is called examination-in-chief. When the adverse party (the opposing party in the case) questions the witness, it is called cross-examination.

When the party that called the witness questions the witness again after the cross-examination, it is called re-examination.

When Section 137 IEA Applies

  • When the party calling a witness examines that witness in court, the questioning is called examination-in-chief.
  • When the adverse party (the opposing side) examines the witness, the questioning is called cross-examination.
  • When the party that called the witness examines the witness again after cross-examination, the questioning is called re-examination.

Example of Section 137 IEA

In a 2023 property dispute in Bhopal, Priya calls Ramesh as a witness to testify in court. Under Section 137 IEA, when Priya questions Ramesh, that questioning is called examination-in-chief. When the adverse party, Farhan, questions Ramesh, Section 137 IEA calls that stage cross-examination. After that cross-examination, Priya questions Ramesh again, which Section 137 IEA calls re-examination.

Section 137 IEA in the BSA

Section 137 IEA is now covered under Section 142 BSA.

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".

View detailed comparison (IEA 137 vs BSA 142) →

FAQs on Section 137 IEA

What is Section 137 IEA?▼

Section 137 of the Indian Evidence Act, 1872 defines the stages of examining a witness in court: examination-in-chief, cross-examination, and re-examination. Each term depends on which party is questioning the witness and whether cross-examination has already taken place.

What is cross-examination under Section 137 IEA?▼

Cross-examination is the examination of a witness by the adverse party, meaning the opposing side that did not call the witness.

Who conducts re-examination under Section 137 IEA?▼

The party that originally called the witness conducts re-examination. Under Section 137 IEA, this questioning takes place after cross-examination by the adverse party.

What is Section 137 IEA in BSA?▼

Section 142 BSA is the corresponding provision from 1 July 2024. It 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, Indian Evidence Act, 1872 ·