Section 140 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
๐ Section 140 โ Order of Production and Examination of Witnesses
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.(thebharatiyanyayasanhita.in)
๐งพ Detailed Explanation
Section 140 of the Bharatiya Sakshya Adhiniyam, 2023, addresses the sequence in which witnesses are presented and examined during legal proceedings. It stipulates that this order should follow the prevailing laws and practices governing civil and criminal procedures. In the absence of specific laws or practices, the court has the discretion to determine the order based on the circumstances of the case.
โ๏ธ Legal Significance
Ensures Structured Proceedings: By adhering to established laws and practices, this section ensures that witness examination follows a systematic and recognized procedure, contributing to the orderly conduct of trials.
Provides Flexibility: The provision allowing court discretion in the absence of specific laws ensures that the judicial process remains adaptable to unique situations, allowing judges to make decisions that best serve the interests of justice.(taxguru.in)
Promotes Fairness: By regulating the order of witness examination, the section helps in presenting evidence in a coherent manner, which aids in the fair assessment of facts by the court.(vidhiadda.com)
๐งญ Practical Application
In practice, Section 140 guides the sequence of witness examination as follows:
Civil Cases: The order is determined by the relevant civil procedure laws and practices.(aaptaxlaw.com)
Criminal Cases: The order is determined by the relevant criminal procedure laws and practices.(aaptaxlaw.com)
Absence of Specific Laws: If no specific laws or practices are applicable, the court exercises its discretion to decide the order of witness examination.
This approach ensures that the examination of witnesses is conducted in an organized and legally sound manner, facilitating the effective presentation and evaluation of evidence.
In summary, Section 140 of the Bharatiya Sakshya Adhiniyam, 2023, plays a crucial role in maintaining the structure and fairness of legal proceedings by regulating the order of witness examination, either through established laws or judicial discretion.
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