Section 142 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 in English:
π Section 142: Examination of Witnesses
Text of Section 142:
The examination of a witness by the party who calls him shall be called his examination-in-chief.(aaptaxlaw.com)
The examination of a witness by the adverse party shall be called his cross-examination.(lextechsuite.com)
The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination.(thelawadvice.com)
π§ Understanding Section 142
Section 142 outlines the three primary stages in the examination of witnesses during legal proceedings:(lextechsuite.com)
Examination-in-Chief: This is the initial questioning of a witness by the party who has called them to testify. The purpose is to elicit information that supports the case of the party presenting the witness.(thelawadvice.com)
Cross-Examination: Following the examination-in-chief, the opposing party has the opportunity to question the witness. This stage aims to challenge the credibility, reliability, and truthfulness of the witness's testimony.(taxguru.in)
Re-Examination: After cross-examination, the party who originally called the witness may conduct a re-examination. This is intended to clarify any issues raised during cross-examination and to reinforce the witness's testimony.(taxguru.in)
βοΈ Legal Context and Application
These stages are fundamental to the adversarial system of justice, ensuring that both parties have an equal opportunity to present and challenge evidence. The structure promotes fairness and transparency in legal proceedings.
The order of examination is designed to allow the party who calls the witness to present their case first, followed by the opposing party's opportunity to challenge the testimony, and concluding with the original party's chance to address any issues raised.
π Practical Example
In a trial involving a property dispute, the plaintiff may call a surveyor as a witness to testify about the boundaries of the property.
Examination-in-Chief: The plaintiff's lawyer questions the surveyor about their qualifications and the findings of their survey.
Cross-Examination: The defendant's lawyer questions the surveyor to identify any inconsistencies or biases in the surveyor's report.
Re-Examination: The plaintiff's lawyer asks the surveyor to clarify any points raised during cross-examination, reinforcing the accuracy and reliability of the survey.
π Significance of Section 142
Ensures Fairness: By establishing a clear structure for witness examination, Section 142 ensures that both parties have an equal opportunity to present and challenge evidence.
Promotes Transparency: The process allows for the thorough examination of witnesses, leading to a more transparent and accountable judicial process.
Protects Rights: The structured examination process helps protect the rights of all parties involved, ensuring that justice is administered impartially.
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