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Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023-Introduction to Examination of Witnesses (Chapter X: Sections 140–168)
A witness is a person who sees, knows, or vouches for a fact, and who gives testimony before a court of law. Such testimony may be given under oath or affirmation, either orally in person, or through written deposition or affidavit, as permitted by law. Witnesses form the backbone of the judicial fact-finding process.
The examination of witnesses is a crucial stage of every trial. It is through the systematic examination, cross-examination, and re-examination of witnesses that facts are brought before the court, tested for truth, and evaluated for reliability. Witness testimony is regarded as one of the most reliable forms of evidence, because it is based on personal knowledge and direct perception of events.
Chapter X of the Bharatiya Sakshya Adhiniyam, 2023 (Sections 140–168) comprehensively deals with the examination and cross-examination of witnesses. The provisions of this chapter regulate:
This chapter operates on the assumption that:
An important feature of Chapter X is Section 168, which confers wide powers upon the court. Under this provision, the judge is empowered to put questions to witnesses and to order the production of documents at any stage of the proceedings, in order to discover the truth and ensure a just decision.
Overall, Chapter X reflects the fundamental principle that justice is best achieved not merely by the production of evidence, but by its careful and controlled examination, under the supervision of the court.
A witness is a person who sees, knows, or vouches for a fact, and who gives testimony before a court of law. Such testimony may be given under oath or affirmation, either orally in person, or through written deposition or affidavit, as permitted by law. Witnesses form the backbone of the judicial fact-finding process.
The examination of witnesses is a crucial stage of every trial. It is through the systematic examination, cross-examination, and re-examination of witnesses that facts are brought before the court, tested for truth, and evaluated for reliability. Witness testimony is regarded as one of the most reliable forms of evidence, because it is based on personal knowledge and direct perception of events.
Chapter X of the Bharatiya Sakshya Adhiniyam, 2023 (Sections 140–168) comprehensively deals with the examination and cross-examination of witnesses. The provisions of this chapter regulate:
- The order of production and examination of witnesses
- The manner in which witnesses are questioned
- The scope and limits of examination-in-chief, cross-examination, and re-examination
- The admissibility and testing of witness testimony
This chapter operates on the assumption that:
- Witnesses are already competent and compellable, as determined under the preceding chapter, and
- Witnesses and documents have been properly brought before the court in accordance with the Code of Civil Procedure (CPC) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
An important feature of Chapter X is Section 168, which confers wide powers upon the court. Under this provision, the judge is empowered to put questions to witnesses and to order the production of documents at any stage of the proceedings, in order to discover the truth and ensure a just decision.
Overall, Chapter X reflects the fundamental principle that justice is best achieved not merely by the production of evidence, but by its careful and controlled examination, under the supervision of the court.
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