INTODUCTION
The Bharatiya Sakshya Adhiniyam, 2023, has replaced the long-standing Indian Evidence Act of 1872, marking a significant shift in India’s legal framework for handling evidence. This new law is designed to bring the rules of evidence in line with present-day needs, including advancements in digital technology and modern legal processes. By doing so, it aims to make the justice delivery system quicker and more transparent.
Among the key elements of this legislation is the procedure for examining witnesses, which plays an essential role in both criminal and civil trials. The term “examination of witnesses” refers to the formal method through which parties in a legal dispute bring forward oral evidence in court. This process involves three main stages: examination-in-chief, cross-examination, and re-examination. In this article, we explore the relevant provisions of the Bharatiya Sakshya Adhiniyam that deal with examining witnesses. We will also look at the procedures involved, interpretations by the courts, and notable updates compared to the earlier law.
MEANING AND IMPORTANCE OF EXAMINATION OF WITNESSES
Witnesses are people who share information about the facts and events connected to a legal case. Their statements often form the foundation of the case and play a vital role in helping the court reach a fair decision. The process of examining witnesses allows their evidence to be presented in an organized way and tested thoroughly to determine how accurate and trustworthy it is.
THE PURPOSE OF EXAMINING WITNESSES :
- Witness serves an important role in a legal trial.
- Witness helps to find the truth behind the case.
- Both sides have the equal right to present their evidence or witnesses.
IT PLAYS A VERY CRUCIAL ROLE IN SERVING JUSTICE AND MAINTAINING A FAIR TRIAL.
Provisions related to the examination of witnesses under Bhartiya Sakshya Adhiniyam,2023
Chapter X deals with that
Section 134 deals with the number of witnesses
Section 137 deals with the order of examination
Section 138 deals with an accomplice
Section 139 deals with the number of witnesses
Section 140 deals with the order of production and examination of witnesses
Section 140 deals with the order of production and examination of witnesses
Section 142 deals with the examination of witnesses
Section 143 deals with questions not to be asked without reasonable grounds
Section 145 deals with the witness of character
Section 155 deals with questions intended to insult or annoy
- Let us discuss all these sections in detail.
SECTION 134 of Bhartiya Skashya Adhiniyam,2023, deals with the number of witnesses, clearly stating that quality over quantity of evidence is a matter.
This section clearly states that no particular number of witnesses is required in any case to prove any fact.
SECTION 137 OF Bhartiya Sakshya Adhiniyam, 2023 states that this step-by-step process helps organize the presentation of evidence and ensures that both sides have a fair chance to question the witness thoroughly.
Stages of examination of witnesses in this section:
- Examination in chief
- Re-examination
- Cross-examination.
These are the three main stages of examination of a witness.
SECTION 138 of Bhatiya Sakshya Adhiniyam,2023 defines or states the types of examination in detail:
- Examination in chief – This is the first stage of questioning, carried out by the side that has called the witness to testify.
- Cross-examination – Once the examination-in-chief is complete, the opposing party gets the chance to question the witness.
- Re-examination – after cross-examination, the original party may question the witness again, but only to clarify points that were brought up during the cross-examination.
NUMBER OF WITNESSES- Section 139 of Bhartiya Sakshya Adhiniyam,2023 states that this provision protects individuals from being unnecessarily cross-examined and maintains the integrity of procedural rules.
SECTION -140 lays down the proper order in which a witness is present and examined during the trial.
In this section, firstly, they were examined by the examination of the in chief.
Secondly, they get the cross-examination.
And lastly, if they need or have doubts or furthermore questions they get the witness is re-examined.
SECTION 141 This section clearly says that the judge can decide the order in which witnesses are present in the court or questioned during the trial.
The main objective of this section is that the truth can come out easily and fairly.
SECTION 142 deals with the right and fair way to question the witness in court and give justice fairly.
This section also makes sure that the witness’s words are carefully tested and both sides get a fair chance to ask questions. And finally, the judge gets a clearer picture of what happened.
SECTION 143 lays down that they don’t ask heartless and disrespectful questions in the court unless it is truly necessary and you have a solid reason that you believe it’s true.
SECTION 145 lays down that this is about people who come to court not to talk about what happened, but to give their opinion about someone’s character. Example – Are you aware of his past criminal record?
SECTION 155 states that the law does not allow the advocates to ask those questions that make their witness uncomfortable, angry, or disrespected. If the advocate asks their questions to the witness to insult or provoke them. The judge can take action and stop him.
ROLE OF THE JUDGE DURING THE EXAMINATION
Judges have the duty to ensure that the witness is treated with dignity. The questions are relevant, not abusive.
CONCLUSION
Examining witnesses is one of the most important parts of our justice system. It helps the court find out what really happened in a case. The Bharatiya Sakshya Adhiniyam, 2023, keeps the basic rules of witness examination but also brings in changes to deal with modern technology and improve the way justice is delivered. The main aim is to make sure trials are fair, open, and focused on finding the truth. When witnesses are properly questioned, the court gets the right information to protect innocent people and punish those who are guilty. As our legal system continues to improve, examining witnesses will always be a key part of finding justice.
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