​Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023- Order of Examinations [Section 143]
IntroductionThe credibility of evidence depends not only on what a witness says, but also on how that testimony is brought before the court. Section 143 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the mandatory sequence and scope of examination of witnesses. It ensures procedural fairness by prescribing the order of examination-in-chief, cross-examination, and re-examination, and defining their respective limits.
This section works closely with Section 142, which defines these stages.

Statutory Provision – Section 143 (Simplified Explanation)Section 143(1): Order of ExaminationA witness shall be examined in the following order:

1. Examination-in-chief
2. Cross-examination (if the adverse party so desires)
3. Re-examination (if the party calling the witness so desires)

This order is mandatory and reflects natural justice.

Section 143(2): Scope of Examination-in-Chief and Cross-Examination

• Examination-in-chief and cross-examination must relate to relevant facts.
• However, cross-examination is not confined to matters stated in examination-in-chief.

👉 Even a brief or formal examination-in-chief gives the opposite party a right to cross-examine the witness on the entire case.

Section 143(3): Scope of Re-Examination

• Re-examination shall be limited to:
  • Explaining matters referred to in cross-examination
• If new matters are introduced in re-examination (with court’s permission):
  • The adverse party has a right to further cross-examine on those new matters.

Object of Section 143Section 143 does not deal with admissibility of evidence. Its object is to:

• Prescribe the sequence of witness examination
• Regulate the extent and limits of each stage
• Ensure orderly and fair trial procedure

The three stages serve distinct purposes:

• Examination-in-chief → narration
• Cross-examination → testing truth
• Re-examination → clarification

(a) Examination-in-ChiefMeaning

• Examination conducted by the party who calls the witness
• Also called direct examination

Purpose

• To place the witness’s version of facts before the court
• To support the case of the party calling him

Rules

• Witness must depose only to facts, not:
  • Opinions
  • Inferences
  • Beliefs
  • Legal conclusions

The witness is first administered oath or affirmation.

(b) Cross-ExaminationRight to Cross-Examine

• After examination-in-chief, the opposite party has a valuable and substantive right to cross-examine.

ImportanceCross-examination is considered:

• One of the most effective means of discovering truth
• A tool to:
  • Test veracity
  • Expose contradictions
  • Shake credibility

It is not limited to matters stated in examination-in-chief.

(i) Questions That May Be Asked in Cross-ExaminationUnder various provisions, the following questions are permissible:

1. Any relevant question, even if not arising from examination-in-chief (Section 143)
2. Leading questions (Section 146)
3. Questions on previous written statements:
   • To test memory
   • To contradict (Section 148)
4. Questions to test veracity
5. Questions to discover:
   • Who the witness is
   • His position in life
6. Questions to shake credit by injuring character (Section 149)

(ii) Effect of Absence of Cross-ExaminationIf a party:

• Does not cross-examine a witness on a material point,
• He cannot later challenge the credibility of that witness on that point.

Case Law: Rajinder Pershad v. Darshana Devi

• A postman testified that a notice was refused by the tenant.
• The tenant failed to cross-examine the postman on:
  • His duty
  • Correctness of endorsement

Held:

• In the absence of cross-examination, the testimony was rightly accepted.

👉 Failure to cross-examine amounts to acceptance of testimony.

(c) Re-ExaminationWho Conducts It

• Conducted by the party who called the witness

Purpose

• To:
  • Explain ambiguities
  • Clarify doubtful statements made in cross-examination

Limitations

• Must be confined to matters raised in cross-examination
• Cannot introduce new matters without court’s permission

If new matters are permitted:

• The opposite party gets a right to further cross-examination.

(d) Non-Examination of Material WitnessesPrinciple

• If a material witness is deliberately withheld, it:
  • Casts serious doubt on the fairness of the trial

Case Law: Narain v. State of Punjab

• The Supreme Court held that:
  • Non-examination of a crucial witness may affect the validity of conviction

(e) Non-Examination of Investigating OfficerNon-examination of the investigating officer does not automatically vitiate the trial.
Case Law: Bahadur Naik v. State of Bihar

• Held:
  • If no material contradictions are shown,
  • Non-examination of the investigating officer causes no prejudice to the accused

Critical AnalysisStrengths

1. Ensures orderly trial procedure
2. Protects the right of cross-examination
3. Prevents surprise and unfairness
4. Facilitates truth-finding
5. Balances rights of both parties

Limitations

1. Requires vigilant advocacy
2. Failure to cross-examine may cause irreversible harm
3. Depends on judicial control over scope

ConclusionSection 143 of the Bharatiya Sakshya Adhiniyam, 2023 lays down a structured and mandatory framework for examining witnesses. By prescribing the sequence and scope of examination-in-chief, cross-examination, and re-examination, it ensures procedural fairness and effective truth discovery.
The provision reinforces the principle that justice is not only about evidence, but also about the manner in which evidence is tested, making Section 143 a cornerstone of fair trial jurisprudence.