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BSA, 2023
Start Practicing
BSAChapter XSection 140
Section140

Order of production and examination of witnesses

AI Assist

Summary

The order in which witnesses are called and examined follows the existing civil or criminal procedure rules for that type of case. If those procedural rules do not cover the situation, the court decides the sequence at its discretion.

Example

Priya prosecutes a shop theft in criminal court. Because criminal procedure requires the prosecution to call its witnesses first, Priya's witness is examined before the accused's. If no procedure applied to the situation, the judge would decide who goes first.

Bare Act

Enacted text

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.

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X

Chapter X

Of Examination of Witnesses

In this chapter

  • 140Order of production and examination of witnesses
  • 141Judge to decide as to admissibility of evidence
  • 142Examination of witnesses
  • 143Order of examinations
  • 144Cross-examination of person called to produce a document
  • 145Witnesses to character
  • 146Leading questions
  • 147Evidence as to matters in writing
  • 148Cross-examination as to previous statements in writing
  • 149Questions lawful in cross-examination
  • 150When witness to be compelled to answer
  • 151Court to decide when question shall be asked and when witness compelled to answer
  • 152Question not to be asked without reasonable grounds
  • 153Procedure of Court in case of question being asked without reasonable grounds
  • 154Indecent and scandalous questions
  • 155Questions intended to insult or annoy
  • 156Exclusion of evidence to contradict answers to questions testing veracity
  • 157Question by party to his own witness
  • 158Impeaching credit of witness
  • 159Questions tending to corroborate evidence of relevant fact, admissible
  • 160Former statements of witness may be proved to corroborate later testimony as to same fact
  • 161What matters may be proved in connection with proved statement relevant under section 26 or 27
  • 162Refreshing memory
  • 163Testimony to facts stated in document mentioned in section 162
  • 164Right of adverse party as to writing used to refresh memory
  • 165Production of documents
  • 166Giving, as evidence, of document called for and produced on notice
  • 167Using, as evidence, of document production of which was refused on notice
  • 168Judge's power to put questions or order production
Previous · Section 139Number of witnessesNext · Section 141Judge to decide as to admissibility of evidence