CHAPTER X.––OF THE EXAMINATION OF WITNESSES

Section 138: Order of examinations

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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.

The examination 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.

Direction of re-examination.––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.

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

138. Order of examinations.

BSA 143

Questions on this section

1 question in 5 of our papers cite Section 138. Try these from the free papers:

1. Consider the following statements under Section 143 of the BSA: 1. Cross-examination need not be confined to the facts to which the witness testified in his examination-in-chief. 2. Re-examination may extend to any relevant fact, whether or not referred to in cross-examination, without the permission of the Court. 3. If new matter is introduced in re-examination with the permission of the Court, the adverse party may further cross-examine upon that matter. Which of the statements given above is/are correct?

Practise questions on Criminal Law