What Is BSA Section 142?

Bhartiya Sakshya Adhiniyam, 2023 - Section 142: Examination of witnesses

(1) The examination of a witness by the party who calls him shall be called his examination-in-chief.

(2) The examination of a witness by the adverse party shall be called his cross-examination.

(3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination.

Brefe Detail

Section 142 of the Bhartiya Sakshya Adhiniyam, 2023 defines the process for examining witnesses in legal proceedings. It details three main types of examination:

1. Examination-in-chief: Conducted by the party that has called the witness.
2. Cross-examination: Conducted by the opposing party to challenge the witness's testimony.
3. Re-examination: A follow-up examination by the original party after the cross-examination.

Question & Answers

What is examination-in-chief?

Examination-in-chief refers to the examination of a witness by the party that called him to testify.

What is cross-examination?

Cross-examination is the process where the opposing party examines the witness to challenge or clarify their testimony.

What is re-examination?

Re-examination is conducted by the party that called the witness after the cross-examination to clarify any points raised during the cross-examination.

Example

1. A plaintiff's lawyer conducts an examination-in-chief when calling a witness to explain key facts about the case.
2. The defendant's lawyer performs cross-examination to probe the witness's credibility and the accuracy of their statements.
3. After the cross-examination, the plaintiff's lawyer may conduct re-examination to address any issues raised during the cross-examination.

Summary

Section 142 provides a structured approach to the examination of witnesses, distinguishing between examination-in-chief, cross-examination, and re-examination, each playing a critical role in legal proceedings.