Section 140 Bharatiya Sakshya Adhiniyam, 2023: Order of production and examination of witnesses

Section 140 of Bharatiya Sakshya Adhiniyam, 2023: Order of production and examination of witnesses

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Evidence Sec 2(1)(c) Fact Sec 2(1)(d) Proved Sec 2(1)(f)

Legal Commentary & Landmark Judgments: Section 140

Section 140 provides that 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, and, in the absence of any such law, by the discretion of the Court.

Procedural Code Integration: Witness production order is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Order XVIII CPC.
Civil Default: Party Examines First: Under Order XVIII Rule 3A CPC, a party wishing to appear as a witness must examine themselves before other witnesses, unless court permits otherwise.
Judicial Trial Management: Court retains inherent power to regulate witness sequencing to ensure fair trial and prevent witness coaching.

Key Landmark Precedents:

State of Bihar v. Lalu Prasad (2002) 9 SCC 626: The Supreme Court observed that the trial judge has the statutory duty under Section 135 IEA (Section 140 BSA) to manage the order of witnesses so that proceedings are conducted expeditiously and fairly.
Ravi Kumar v. State of Punjab (2005) 9 SCC 315: Affirmed that sequencing of witnesses in criminal trials is primarily the prosecutor's prerogative, subject to judicial supervision.

Courtroom Practice & Strategic Litigation Guidance:

In civil trials, ensure your client steps into the witness box before other independent witnesses. If you examine third-party witnesses first without prior court permission, opposing counsel can move to exclude your client's testimony under Order XVIII Rule 3A CPC.