Section 142 Bharatiya Sakshya Adhiniyam, 2023: Examination of witnesses

Section 142 of Bharatiya Sakshya Adhiniyam, 2023: Examination of witnesses

Official Bare Act Text

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

(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.

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

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 142

Section 142 defines the three stages of witness examination: Examination-in-chief, Cross-examination, and Re-examination, establishing the foundational architecture of oral trial testimony.

Examination-in-chief: The examination of a witness by the party who calls them, eliciting their affirmative story.
Cross-examination: The examination of a witness by the adverse party, testing veracity, credibility, and accuracy of memory.
Re-examination: The examination of a witness, subsequent to cross-examination, by the party who called them, strictly confined to explaining matters referred to in cross-examination.

Key Landmark Precedents:

Sukhwant Singh v. State of Punjab (1995) 3 SCC 367: The Supreme Court held that the right of cross-examination is a fundamental facet of fair trial; denying cross-examination renders the witness's chief deposition inadmissible.
State of Rajasthan v. Ani (1997) 6 SCC 162: Affirmed that examination-in-chief and cross-examination are indispensable stages of evidence; mere filing of an affidavit without offering for cross-examination carries zero evidentiary weight.

Courtroom Practice & Strategic Litigation Guidance:

In drafting chief affidavits, stick to facts within the witness's direct personal knowledge. In re-examination, never introduce new facts without explicit court permission; re-examination is strictly confined to clearing up ambiguities created in cross-examination.