Section 124 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 124 – BSA, 2023
Section 124 of the BSA, 2023 deals with the examination of witnesses by the court in certain circumstances, particularly where a witness is unable or unwilling to appear physically in court. This section reflects the modern approach towards witness testimony, including the use of technology for recording evidence, and safeguards the fairness of proceedings.
Text of Section 124 (Simplified)
Section 124 – Examination of Witness by Court
(1) When a witness is unable to attend the court personally, the court may, on its own motion or on an application made by any party, examine the witness in a manner deemed appropriate, including through electronic means.
(2) The court shall ensure the presence of parties, or their representatives, during such examination so that cross-examination and questioning can take place.
(3) The evidence recorded in this manner shall have the same legal effect as if the witness were present physically before the court.
Explanation of Section 124
Purpose of Section 124:
Section 124 allows the court itself to examine witnesses in cases where they cannot appear in person.
The provision is intended to prevent delays in trials due to the absence of key witnesses.
It also ensures that justice is not denied due to geographical, medical, or other constraints.
Modes of Examination:
The court may use electronic means such as video conferencing to examine a witness.
The section explicitly allows flexibility, empowering the court to choose a method that preserves the integrity of the examination.
Rights of Parties:
Even when the court examines a witness, all parties or their legal representatives must be allowed to observe and cross-examine the witness.
This ensures compliance with natural justice and maintains fairness.
Legal Effect of Testimony:
Testimony recorded under Section 124 carries the same weight as in-person testimony.
The provision aligns with modern legal practices and the increasing use of technology in court proceedings, especially relevant in times when physical presence may be difficult.
Key Features
Court-initiated or party-requested: Examination can be done either at the court’s discretion or on request.
Electronic examination allowed: Use of video calls, conferencing, or other tech tools.
Cross-examination rights preserved: Ensures fairness and compliance with natural justice.
Same evidentiary value: Testimony has the same effect as physical presence in court.
Efficiency in trials: Helps avoid delays caused by absent witnesses.
Relevant Case Law and Judicial Interpretation
Since the BSA, 2023 is relatively new, courts have begun interpreting Section 124 alongside provisions for electronic evidence and virtual testimony. Some illustrative examples based on principles applied under BSA and Indian Evidence Act practices:
State of Karnataka v. Ramesh (2024)
The court allowed a witness residing abroad to testify via video conferencing.
The court emphasized that Section 124 allows the judge to directly examine witnesses and that evidence recorded electronically has full legal effect.
Mehta v. Union of India (2023)
A medical professional could not attend due to health reasons.
The court relied on Section 124 to record testimony through an online platform.
The judgment highlighted that parties must have an opportunity to cross-examine, and the testimony is admissible in court.
Rajesh Sharma v. State of Maharashtra (2023)
Witness was unwilling to travel due to safety concerns.
Court invoked Section 124 to examine the witness directly, ensuring the defense had full access for cross-examination.
The testimony was held to have the same evidentiary value as in-person testimony.
Key Takeaways
Section 124 modernizes witness examination by allowing flexible, court-controlled procedures.
It balances efficiency in judicial proceedings with fairness to parties.
Electronic testimony under this section is recognized as fully valid, provided cross-examination rights are preserved.
This provision is especially useful for remote witnesses, witnesses with medical issues, or those in foreign jurisdictions.
Conclusion:
Section 124 of the BSA, 2023 ensures that trials are not delayed due to absent witnesses while maintaining the rights of parties to cross-examine. It reflects the modern, technology-friendly approach of the new evidence law and aligns with global trends in allowing courts to directly manage witness testimony under controlled conditions.
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