Section 143 Bharatiya Sakshya Adhiniyam, 2023: Order of examinations

Section 143 of Bharatiya Sakshya Adhiniyam, 2023: Order of examinations

Official Bare Act Text

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

(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.

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

Court Sec 2(1)(a) Document Sec 2(1)(b) Fact Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 143

Section 143 regulates the order of examinations, establishing that witnesses shall be first examined-in-chief, then cross-examined, and then re-examined, defining the scope and boundaries of each stage.

Sequential Order Mandate: Strict sequence: Chief $\rightarrow$ Cross $\rightarrow$ Re-examination.
Cross-Examination Scope: Must relate to relevant facts, but need not be confined to the facts to which the witness testified in their examination-in-chief.
Re-Examination Boundary: Directed solely to the explanation of matters referred to in cross-examination; if new matter is introduced with permission, the adverse party has the right to cross-examine further.

Key Landmark Precedents:

Sukhwant Singh v. State of Punjab (1995) 3 SCC 367: The Supreme Court stressed that under Section 138 IEA (Section 143 BSA), cross-examination is not limited to the contents of chief examination; counsel is entitled to put the entire defense case to the witness.
Juwar Singh v. State of M.P. (AIR 1981 SC 373): Affirmed that failure to cross-examine a witness on a crucial point implies acceptance of the witness's version on that point.

Courtroom Practice & Strategic Litigation Guidance:

Cross-examination is wide: you can question an adverse witness on any relevant fact, not just what they said in chief. However, ensure you specifically challenge all material adverse assertions; unrebutted statements are deemed accepted by the court.