Section 145 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 145 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023):
🧾 Section 145: Witnesses to Character
Text of Section 145:
"Witnesses to character may be cross-examined and re-examined."(thelawadvice.com)
🔍 Understanding Section 145
Key Principle:
Section 145 addresses the examination of witnesses who testify about a person's character. It permits both cross-examination and re-examination of such witnesses, ensuring that their testimony is thoroughly scrutinized to assess its credibility and relevance.
Detailed Breakdown:
Witnesses to Character: Individuals who provide testimony regarding the character, reputation, or moral standing of a party involved in a case.
Cross-Examination: The process by which the opposing party questions a witness to challenge the accuracy, reliability, or truthfulness of their testimony.(legitquest.com)
Re-Examination: The opportunity for the party that called the witness to ask additional questions to clarify or support the witness's testimony after cross-examination.
Application:
In legal proceedings, a party may present witnesses to testify about the character of an individual involved in the case. Section 145 ensures that such testimony is subject to rigorous examination through both cross-examination and re-examination, allowing the court to assess the weight and credibility of the character evidence presented.
⚖️ Importance of Section 145
Ensures Fairness: By allowing cross-examination and re-examination, the section promotes a balanced opportunity for both parties to challenge and support character evidence.(thebharatiyanyayasanhita.in)
Protects Integrity of Proceedings: Thorough examination of character witnesses helps prevent the introduction of biased or unsubstantiated testimony, maintaining the integrity of the judicial process.
Enhances Judicial Decision-Making: The scrutiny of character evidence enables the court to make more informed decisions, considering all relevant aspects of a party's character.
📌 Example to Illustrate
Scenario: In a defamation case, the defendant presents a character witness who attests to the plaintiff's reputation for honesty.
Application of Section 145:
Cross-Examination: The plaintiff's attorney may cross-examine the witness to uncover any potential biases, inconsistencies, or lack of direct knowledge about the plaintiff's character.
Re-Examination: The defendant's attorney may re-examine the witness to clarify any points raised during cross-examination and reinforce the credibility of the character testimony.
Through this process, the court can assess the reliability and relevance of the character evidence presented.(aaptaxlaw.com)
🧭 Summary
Purpose: Section 145 ensures that testimony regarding a person's character is subject to thorough examination, safeguarding the fairness and integrity of legal proceedings.
Application: Applies to witnesses who provide character evidence, permitting both cross-examination and re-examination to assess the credibility of such testimony.
Objective: To facilitate informed judicial decision-making by allowing comprehensive scrutiny of character evidence.
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