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BSA, 2023
Start Practicing
BSAChapter XSection 143
Section143

Order of examinations

AI Assist

Summary

First the party who calls a witness conducts examination-in-chief, then the adverse party may cross-examine, and then the calling party may re-examine. Examination-in-chief and cross-examination must relate to relevant facts, but cross-examination can go beyond what the witness said in chief. Re-examination is to explain matters raised in cross; if the Court allows new matter in re-examination, the adverse party may further cross on that new matter.

Example

Priya calls Ravi to testify about a dispute at her shop. Priya questions him first (examination-in-chief); the defendant then cross-examines and may ask about matters Ravi did not mention earlier. Priya re-examines Ravi to clarify points raised in cross-examination, and if the Court allows a new topic in re-examination, the defendant may further cross-examine on that new matter.

Bare Act

Enacted text

(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.

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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 142Examination of witnessesNext · Section 144Cross-examination of person called to produce a document