Section 160 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 160 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023):
🧾 Section 160: Examination of Witnesses
Text of Section 160:
"The examination of a witness shall be conducted in such a manner as to ensure that the witness is not subjected to unnecessary harassment, intimidation, or undue influence."
🔍 Understanding Section 160
Key Principle:
Section 160 mandates that the examination of witnesses in legal proceedings must be conducted in a manner that protects the witness from unnecessary harassment, intimidation, or undue influence.
Detailed Breakdown:
Examination of Witnesses: Refers to the process where a witness provides testimony in court. This includes both examination-in-chief (the initial questioning by the party who called the witness) and cross-examination (the questioning by the opposing party).
Protection from Harassment: Ensures that witnesses are not subjected to questioning or conduct that causes them distress or fear.
Protection from Intimidation: Prevents any form of coercion or threats that might influence a witness's testimony.
Protection from Undue Influence: Guards against any attempts to improperly influence a witness's statements or behavior during testimony.
Application:
In practice, this means that legal practitioners must conduct themselves respectfully and ethically during the examination of witnesses. Courts are also responsible for intervening if a witness appears to be subjected to any form of harassment or undue influence.
⚖️ Importance of Section 160
Ensures Fairness: By protecting witnesses from undue pressure, the section ensures that their testimony is given freely and truthfully.
Promotes Justice: Witnesses are more likely to come forward and testify if they feel safe and respected, leading to more comprehensive and accurate information being presented in court.
Upholds the Integrity of Legal Proceedings: Maintaining a respectful environment for witnesses helps preserve the credibility and fairness of the judicial process.
📌 Example to Illustrate
Scenario: In a case involving a traffic accident, a pedestrian named A witnessed the incident. During cross-examination, the defense lawyer repeatedly interrupts A, uses aggressive language, and implies that A is lying. A becomes visibly distressed and hesitant to answer questions.
Application of Section 160:
Harassment: The defense lawyer's aggressive behavior constitutes harassment.
Intimidation: The implication that A is lying may intimidate the witness.
Undue Influence: The overall conduct aims to influence A's testimony improperly.
In such a situation, the presiding judge is obligated to intervene to protect the witness, ensuring that A can testify without fear or undue pressure.
🧭 Summary
Purpose: Section 160 aims to ensure that witnesses can provide testimony without fear of harassment, intimidation, or undue influence.
Scope: Applies to all stages of witness examination in legal proceedings.
Objective: To uphold the integrity and fairness of the judicial process by safeguarding the rights and well-being of witnesses.
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