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Evidence Act · Chapter X · Of the examination of witnesses

Evidence Act section 137 in the BSA

Evidence Act 137BSA 142

Evidence Act section 137, “Examination-in-chief”, is now BSA section 142 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 137 to BSA 142

Now BSA section 142, “Examination of witnesses”, with the same definitions of examination-in-chief, cross-examination and re-examination.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 137 Examination-in-chief

The examination of witness by the party who calls him shall be called his examination-in-chief.

Cross-examination. –– The examination of a witness by the adverse party shall be called his cross-examination.

Re-examination. ––The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.

Bharatiya Sakshya Adhiniyam, 2023

Section 142 Examination of witnesses

(1) The examination of a witness by the party who calls him shall be called his examination-in-chief.

(2) The examination of a witness by the adverse party shall be called his cross-examination.

(3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).

Sources

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