Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Examination of Witnesses and Improper Evidence under BSA 2023

Updated 11 October 2026 · Fact-checked

Under the Bharatiya Sakshya Adhiniyam, 2023, a witness is examined-in-chief, then cross-examined, then re-examined (section 143). Section 146 controls leading questions, section 158 lists ways to impeach credit, and section 169 says wrongly admitted or rejected evidence does not by itself cause a new trial or reversal if other evidence supports the decision.

Understand Examination of Witnesses and Improper Evidence

A witness gives evidence in stages. The party who calls the witness asks questions first. The opposite party then tests that evidence. Finally, the calling party may clear up doubts. Sections 142 and 143 name and order these stages.

Order of production (section 140). The order in which witnesses are produced and examined follows the law and practice on civil and criminal procedure respectively. If no such law exists, the Court decides in its discretion.

The three stages. Examination by the party who calls the witness is examination-in-chief. Examination by the adverse party is cross-examination. Examination by the calling party after cross-examination is re-examination (section 142). Section 143 says the order is: chief, then cross if the adverse party wants, then re-examination if the calling party wants. Both chief and cross must relate to relevant facts, but cross-examination need not be limited to what the witness said in chief. Re-examination must be directed to explaining matters referred to in cross-examination. If the Court permits new matter in re-examination, the adverse party may cross-examine on that matter.

Leading questions (section 146). A leading question suggests the answer the questioner wishes or expects. If the adverse party objects, it must not be asked in chief or re-examination without the Court's permission. The Court must permit it on matters that are introductory, undisputed, or already sufficiently proved. In cross-examination, leading questions may be asked.

Credit and improper evidence. Cross-examination can test veracity, reveal who the witness is, and shake credit (section 149). Section 158 lists how credit is impeached. Section 169 protects decisions from being undone by a mistake in admitting or rejecting evidence, where the rest of the evidence is enough.

Key rules to remember

Order of production of witnesses (s.140): Order = law and practice of civil/criminal procedure; if none, Court's discretion; The Adhiniyam itself does not fix the order. It defers to procedure law.
Stages of examination (ss.142-143): Examination-in-chief → Cross-examination (if adverse party desires) → Re-examination (if calling party desires); Cross and re-examination are optional. Each depends on the party wanting it.
Scope of cross-examination (s.143(2)): Must relate to relevant facts; need not be confined to facts in examination-in-chief; Cross-examination is wider than chief.
Scope of re-examination (s.143(3)): Directed to explaining matters referred to in cross-examination; new matter only with Court's permission, then further cross allowed; Re-examination is not a chance to repeat the case.
Leading questions (s.146): Chief/re-examination: not if objected to, except with Court's permission. Court shall permit on introductory, undisputed or already proved matters. Cross: allowed; The bar applies only on objection by the adverse party.
Impeaching credit (s.158): (a) witnesses who believe him unworthy of credit; (b) proof of bribery or corrupt inducement; (c) former inconsistent statements; Done by the adverse party, or by the calling party with the Court's consent.
Contradicting answers on character (s.156): No evidence to contradict answers that only shake credit; Exception 1: previous conviction; Exception 2: impartiality; If the witness answers falsely, he may be charged with giving false evidence.
Improper admission or rejection (s.169): No new trial or reversal if, without the objected evidence, sufficient evidence remains, or the rejected evidence would not have changed the decision; The mistake alone is not a ground.

How to solve Examination of Witnesses and Improper Evidence questions

Use this method for problem questions and short notes on witness examination.

1Identify the stage: chief, cross or re-examination. Use section 142 definitions.
2Check who is asking and who called the witness. This decides whether a leading question is allowed.
3For a leading question, apply section 146: objection by the adverse party, the Court's permission, and the exceptions for introductory or undisputed matters.
4If the question tests character or credit, apply sections 149, 151 and 156. Ask whether the Court may compel an answer and whether the answer can be contradicted.
5If the issue is impeaching credit, match the facts to section 158(a), (b) or (c).
6If a mistake was made in admitting or rejecting evidence, apply section 169 and ask whether other sufficient evidence exists.
7Write in ICSI style: state the provision, apply it to the facts, then give a clear conclusion with the section number.

Quickest way: Stage-Question-Section check

When to use it: Use this when you have little time in a problem-based question.

Name the stage (chief, cross, re-exam) in one line.
Say whether the question is leading. If yes, note the stage and whether the opponent objected.
Pick the one section that decides the issue: 143, 146, 149, 156, 158 or 169.
Write the rule in one sentence, apply it in two sentences, and conclude.

Common mistakes in Examination of Witnesses and Improper Evidence

Saying leading questions are always banned in examination-in-chief.
Students remember the general bar and forget the conditions.
Fix: State that the bar applies only if the adverse party objects, and that the Court must permit leading questions on introductory, undisputed or already proved matters (section 146(2) and (3)).
Saying cross-examination is limited to matters raised in chief.
Students confuse it with re-examination.
Fix: Section 143(2) says cross need not be confined to facts in chief. Only re-examination is tied to matters in cross.
Saying the Adhiniyam fixes the order of witnesses in section 140.
The section title sounds like it lays down an order.
Fix: Write that the order follows civil and criminal procedure law and practice, and the Court's discretion if there is none.
Allowing any evidence to contradict a witness's answer on his character.
Students overlook section 156.
Fix: Say no contradicting evidence is allowed, except previous conviction and impartiality. The witness may be charged with false evidence if he lied.
Saying a wrongly admitted document always forces a retrial.
Students think any error cancels the decision.
Fix: Apply section 169. If other evidence sufficiently supports the decision, there is no new trial or reversal on that ground alone.
Allowing the calling party to impeach its own witness freely.
Section 158 is read only as a list of methods.
Fix: Remember it reads: by the adverse party, or with the Court's consent, by the party who calls him.

Worked examples

Example 1

Meera Textiles Ltd sues Rohan Traders for the price of goods. In examination-in-chief, Meera's counsel asks her own witness, 'You delivered the goods at Rohan's godown on 5 March, did you not?' Rohan's counsel objects. Can the question be asked? Would your answer differ if counsel was cross-examining Meera's witness and asked the same?

Show the solution

The question suggests the answer the questioner expects. So it is a leading question (section 146(1)).
It is put in examination-in-chief, and the adverse party has objected. Under section 146(2), it must not be asked without the Court's permission.
The Court must permit it if the matter is introductory, undisputed, or already sufficiently proved (section 146(3)). Delivery is the disputed core, so this exception does not apply on these facts.
In cross-examination, leading questions may be asked (section 146(4)). So the position changes only if the question is put by the adverse party.

Answer: In examination-in-chief, the question cannot be asked in this form because of the objection, unless the Court permits it, which is unlikely as delivery is disputed. In cross-examination, the same question would be allowed.

Example 2

In a suit by Anil against Bhavna, Anil's witness Chetan says he saw Bhavna sign the agreement. Bhavna's counsel proves that Chetan earlier told a colleague that he had never seen Bhavna sign. Separately, the trial Court wrongly admitted a letter, but the signed agreement and two other witnesses independently prove the claim. Discuss the evidentiary position.

Show the solution

Impeachment: section 158(c) allows the adverse party to impeach credit by proof of former statements inconsistent with any part of the evidence liable to be contradicted. Bhavna's counsel may prove Chetan's earlier statement.
This is the adverse party's right, so no Court consent is needed. Anil could do so only with the Court's consent.
Improper admission: section 169 says wrong admission is not by itself a ground for a new trial or reversal if, independently of that evidence, sufficient evidence justifies the decision.
Here the signed agreement and two other witnesses provide sufficient evidence independent of the letter.

Answer: Bhavna may impeach Chetan's credit under section 158(c) by proving his inconsistent earlier statement. The wrong admission of the letter is not a ground for a new trial or reversal under section 169, since other sufficient evidence supports the decision.

Exam tips

Quote the section number with every rule. ICSI answers earn marks for the provision, the application and the conclusion.
Learn section 146 as four short parts: definition, the bar on objection, the Court's duty to permit, and cross-examination.
Keep ss.142 (definitions) and 143 (order and scope) separate in your mind. Questions often test the scope of re-examination.
For problem questions on credit, split the answer: how credit may be impeached (s.158) and whether the answer can be contradicted (s.156).
Write section 169 in one clean sentence with both limbs: sufficient other evidence, or no change in decision.

Practice questions from Law relating to Evidence

Examination of Witnesses and Improper Evidence: frequently asked questions

What does section 140 of the BSA 2023 say?

It says the order in which witnesses are produced and examined is regulated by the law and practice of civil and criminal procedure respectively. If no such law exists, the Court decides in its discretion.

What is the difference between cross-examination and re-examination?

Cross-examination is by the adverse party and can go beyond the facts in chief. Re-examination is by the calling party after cross and must explain matters referred to in cross. New matter needs the Court's permission, after which further cross-examination is allowed.

When can leading questions be asked?

They may be asked in cross-examination. In chief or re-examination, they must not be asked if the adverse party objects, except with the Court's permission. The Court must permit them on introductory, undisputed or already sufficiently proved matters.

How can the credit of a witness be impeached under BSA 2023?

Section 158 gives three ways: evidence of persons who believe him unworthy of credit, proof that he was bribed or corruptly induced, and proof of former inconsistent statements. The adverse party may do this, or the calling party with the Court's consent.

Does wrong admission of evidence always lead to a retrial?

No. Under section 169, it is not by itself a ground for a new trial or reversal if other evidence is sufficient to justify the decision, or if the rejected evidence would not have varied the decision.