Section 143 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 143 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023), in English:
๐ Section 143 โ Order of Examinations
Text of Section 143:
Examination-in-Chief: Witnesses shall first be examined-in-chief by the party who calls them.(myjudix.com)
Cross-Examination: If the adverse party desires, the witness shall then be cross-examined.(thelawadvice.com)
Re-Examination: If the party who called the witness desires, the witness shall then be re-examined.(lawfyi.io)
๐งพ Key Provisions Explained:
Examination-in-Chief:
This is the initial questioning of a witness by the party who has called them to testify. The purpose is to elicit information that supports the party's case.(lawfyi.io)
Cross-Examination:
Following the examination-in-chief, the adverse party has the right to cross-examine the witness. This allows the opposing party to challenge the witness's testimony and credibility.(kanoongpt.in)
Re-Examination:
After cross-examination, the party who called the witness may re-examine them. This provides an opportunity to clarify any issues raised during cross-examination.
โ๏ธ Significance of Section 143:
Structured Testimony:
This section ensures a structured approach to witness testimony, promoting fairness and clarity in legal proceedings.
Opportunity for Challenge:
It provides the opposing party with an opportunity to challenge the witness's testimony, which is fundamental to the adversarial system of justice.
Clarification of Issues:
Re-examination allows the party who called the witness to address any issues or contradictions raised during cross-examination, ensuring that the witness's testimony is fully understood.(lawfyi.io)
๐งโโ๏ธ Illustrative Example:
Scenario:
In a theft case, the prosecution calls an eyewitness, Ravi, to testify that he saw the defendant, Suresh, steal a purse from a shop.
Application of Section 143:
Examination-in-Chief:
Prosecution Lawyer: "Ravi, can you describe what you saw on the day of the incident?"
Ravi: "Yes, I was standing near the entrance when I saw Suresh take a purse from the counter and put it in his bag."(kanoongpt.in)
Cross-Examination:
Defense Lawyer: "Isn't it true that you were far from the counter and couldn't have seen clearly?"
Ravi: "No, I was standing very close to the counter and had a clear view."(kanoongpt.in)
Re-Examination:
Prosecution Lawyer: "Ravi, can you confirm the lighting conditions in the shop at that time?"
Ravi: "Yes, the shop was well-lit, and I had no difficulty seeing the events clearly."(kanoongpt.in)
๐ Summary:
Stage
Purpose
Conducted By
Examination-in-Chief
To elicit supportive information
Party calling the witness
Cross-Examination
To challenge the witness's testimony and credibility
Adverse party
Re-Examination
To clarify issues raised during cross-examination
Party who called the witness
RELATED Blog
0 comments