Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 143: Order of examinations.
(1) Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.
(2) The examination-in-chief and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.
(3) The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.
Brefe Detail
Section 143 of the Bhartiya Sakshya Adhiniyam, 2023 outlines the order of witness examinations in legal proceedings. It establishes a sequence starting with examination-in-chief, followed by cross-examination, and potentially concluding with re-examination. The section emphasizes that examinations must relate to relevant facts, although cross-examination can address broader issues. Additionally, it permits further cross-examination if new matters are introduced during re-examination.
Question & Answers
Q: What is the order of witness examinations as per Section 143?
A: Witnesses are examined-in-chief first, followed by cross-examination, and then re-examination if desired by the party calling the witness.
Q: Can cross-examination relate to facts outside of the examination-in-chief?
A: Yes, cross-examination need not be confined to the facts testified to during examination-in-chief.
Q: What is the purpose of re-examination?
A: Re-examination is directed to explain matters referred to in cross-examination. If new matters are introduced, the adverse party may cross-examine on those matters.
Q: Are all examinations limited to relevant facts?
A: Yes, both examination-in-chief and cross-examination must relate to relevant facts.
Example
1. Examination-in-chief: The party calls a witness to testify about a relevant event.
2. Cross-examination: The opposing party questions the witness about details not limited to the initial testimony, possibly to challenge credibility.
3. Re-examination: The original party seeks to clarify points brought up during cross-examination, potentially introducing new information with court permission.
Summary
Section 143 of the Bhartiya Sakshya Adhiniyam, 2023 regulates the order of witness examinations in legal proceedings, establishing a clear sequence and allowing for relevant discussions during cross-examinations and re-examinations. It ensures that all examinations focus on relevant facts while providing flexibility in addressing broader issues that may arise during the process.
