Section 138 IEA: Order of examinations

Indian Evidence Act, 1872

Section 138 IEA at a Glance

Section 138 IEA deals with order of examinations. From 1 July 2024 it is replaced by Section 143 BSA.

Now BSA

Section 138 IEA Bare Act Text

138. Order of examinations
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.
The examination 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.
Direction of re-examination.—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 138, Indian Evidence Act, 1872

Section 138 IEA in Simple Words

Section 138 of the Indian Evidence Act, 1872 set the order and scope for questioning witnesses in court. Every witness had to be examined-in-chief (questioned first by the calling side) before any other questioning. After that, the adverse party (the opposing side) could cross-examine the witness if that party wished. Finally, the party who called the witness could re-examine the witness if the calling party wished.

Both the examination and the cross-examination had to be about relevant facts. However, cross-examination did not have to stay limited to the facts covered during the examination-in-chief.

Re-examination had to focus on explaining points raised during cross-examination. A party could bring up a new matter in re-examination only if the court gave permission. When the court allowed a new matter, the adverse party could cross-examine the witness again on that point.

When Section 138 IEA Applies

A witness in court was examined-in-chief first, then cross-examined if the adverse party wanted, and then re-examined if the calling party wanted.
Both the examination and the cross-examination had to be about relevant facts.
Re-examination had to focus on explaining points that came up during cross-examination.
If the court gave permission to raise a new matter in re-examination, the adverse party could cross-examine the witness again on that new matter.

Example of Section 138 IEA

In 2022, Priya calls Ramesh as a witness in a property dispute in a Pune court. Under Section 138 IEA, Priya questions Ramesh first in examination-in-chief about the property agreement. The adverse party, Farhan, then cross-examines Ramesh on other relevant facts about the property dispute not covered during examination-in-chief. Priya then re-examines Ramesh to explain those points and, with court permission, introduces a new matter about the property dispute. Farhan is then allowed to cross-examine Ramesh further on that new matter in the property dispute.

When Section 138 IEA Does Not Apply

Cross-examination was not restricted to the topics covered during examination-in-chief, so long as the questions were about relevant facts.
Re-examination was restricted to explaining points from cross-examination, and a party could not bring in a new matter without court permission.

Section 138 IEA in the BSA

Section 138 IEA is now covered under Section 143 BSA.

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.

View detailed comparison (IEA 138 vs BSA 143) →

FAQs on Section 138 IEA

What is Section 138 IEA?▼

Section 138 of the Indian Evidence Act, 1872 set the order for questioning a witness in court: examination-in-chief first, then cross-examination, and then re-examination. It also set the rules on what each stage of questioning could cover.

Could cross-examination under Section 138 IEA go beyond what the witness said in examination-in-chief?▼

Yes. Under Section 138 IEA, cross-examination did not have to stay limited to the facts that the witness spoke about in examination-in-chief. However, the questions still had to be about relevant facts.

Was cross-examination or re-examination compulsory for every witness under Section 138 IEA?▼

No. Cross-examination took place only if the adverse party wanted it, and re-examination took place only if the party who called the witness wanted it.

Could a party bring up a new matter during re-examination under Section 138 IEA?▼

Yes, if the court gave permission. Without court permission, re-examination had to focus on explaining points raised during cross-examination. When the court allowed a new matter, the adverse party could cross-examine the witness further on that point.

What is Section 138 IEA in BSA?▼

Section 143 BSA replaced Section 138 IEA 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 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, Indian Evidence Act, 1872 ·