What Is BSA Section 140?

Bhartiya Sakshya Adhiniyam, 2023 - Section 140: Order of Production and Examination of Witnesses

The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the Court.

Brefe Detail

Section 140 of the Bhartiya Sakshya Adhiniyam, 2023, outlines how the order of witness production and examination is determined. It refers to existing laws and practices governing civil and criminal procedures, allowing for court discretion in cases where no specific law applies.

Question & Answers

Q1: What does Section 140 specify about the order of witnesses?

A1: It specifies that the order in which witnesses are produced and examined is regulated by existing civil and criminal procedure laws and practices.

Q2: What happens if there is no specific law regarding the order of witnesses?

A2: In the absence of a specific law, the order will be determined by the discretion of the Court.

Q3: Why is the order of witness examination important?

A3: The order can influence the effectiveness of witness testimony and the overall proceedings of a trial.

Example

1. Scenario 1: In a civil case, the plaintiff may present witnesses first, followed by the defendant’s witnesses, following established procedures.

2. Scenario 2: In a criminal trial, the prosecution might call witnesses in a specific order to build a narrative, adhering to procedural laws.

3. Scenario 3: If a case lacks specific procedural rules, the judge may decide the order of witness examination based on the relevance of their testimony.

Summary

Section 140 of the Bhartiya Sakshya Adhiniyam, 2023, establishes the framework for the order of witness production and examination, relying on existing procedural laws and allowing judicial discretion when necessary. This ensures that witness testimony is presented in a manner that supports the judicial process.