Section 174 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 174 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 174: Questions to Witnesses
Text of Section 174:
The Court may, in its discretion, permit a witness to be questioned on any matter relevant to the case, even if such matter has not been previously mentioned in the witness's examination-in-chief or cross-examination.
๐ง Meaning and Scope
Section 174 grants the Court the discretion to allow a witness to be questioned on any matter that is relevant to the case, irrespective of whether such matter was previously addressed during the witness's examination-in-chief or cross-examination. This provision ensures that all pertinent information can be brought before the Court, even if it arises later in the proceedings.
โ๏ธ Practical Implications
Ensuring Comprehensive Examination: This section allows the Court to ensure that all relevant facts are brought to light, even if they were not initially covered in the witness's earlier testimonies.
Flexibility in Proceedings: It provides flexibility in legal proceedings, allowing the Court to adapt to new information that may emerge during the trial.
Fairness in Justice Delivery: By permitting the introduction of relevant matters at any stage, this provision helps in delivering a fair and just outcome in legal cases.
๐งพ Example
Scenario: During the trial of a theft case, a witness testifies about seeing a suspicious person near the crime scene. Later, the defense presents evidence suggesting that the witness may have been mistaken about the time of observation. The Court, under Section 174, may allow the prosecution to question the witness about other details they observed at the time, such as the weather conditions or the presence of other individuals, to assess the reliability of their testimony.
๐ Summary
Section 174 of the Bharatiya Sakshya Adhiniyam, 2023, empowers the Court to permit questioning of witnesses on relevant matters at any stage of the proceedings, even if such matters were not previously addressed. This provision ensures that all pertinent information is considered, contributing to a fair and comprehensive examination of the case.
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