Indian evidence law | Witness examination
Section 137 Evidence Act: Examination-in-Chief, Cross-Examination and Re-Examination
Section 137 of the Indian Evidence Act, 1872 defines the three principal stages of questioning a witness. The corresponding provision in the Bharatiya Sakshya Adhiniyam, 2023 is Section 142.
What does Section 137 of the Indian Evidence Act say?
The provision defines the following three forms of witness examination:
Examination-in-chief
"The examination of a 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."
Section 142 of the Bharatiya Sakshya Adhiniyam, 2023
Section 142 of the Bharatiya Sakshya Adhiniyam retains the same essential definitions of examination-in-chief, cross-examination and re-examination. The definitions identify who examines the witness and at what stage of the testimony.
The detailed order and permissible scope of questioning are governed by Section 143 of the Bharatiya Sakshya Adhiniyam, 2023, corresponding to former Section 138 of the Indian Evidence Act.
Difference between the three stages
| Stage | Who questions the witness? | Principal purpose |
|---|---|---|
| Examination-in-chief | The party calling the witness | To present relevant facts through the witness's testimony |
| Cross-examination | The adverse party | To test the testimony, accuracy, credibility and relevant assertions |
| Re-examination | The party who originally called the witness | To explain matters arising in cross-examination, subject to applicable rules |
How is a witness examined in court?
- Examination-in-chief: The party presenting the witness elicits relevant evidence. Leading questions are generally restricted, subject to statutory exceptions and the court's permission.
- Cross-examination: The opposing party may question the witness about relevant matters and test the account, within the limits imposed by law.
- Re-examination: The calling party may clarify matters referred to in cross-examination. If new matter is introduced with the court's permission, the adverse party may further cross-examine on that matter.
The procedure may vary according to the nature of the proceeding. For example, Order XVIII of the Code of Civil Procedure, 1908 contains rules relevant to recording evidence in civil suits.
Practical illustration
In a suit concerning an unpaid loan, the claimant calls a person who witnessed the loan transaction. During examination-in-chief, the witness describes what they observed. During cross-examination, the defendant's advocate asks about the witness's presence, recollection and possible inconsistencies. During re-examination, the claimant's advocate may ask the witness to clarify an ambiguity arising from cross-examination.
Related provisions on witness examination
Section 135 of the Indian Evidence Act concerns the order of production and examination of witnesses. Section 136 addresses the judge's decision on admissibility. Section 138 provides for the order and scope of examinations. These provisions should be read with their corresponding sections under the Bharatiya Sakshya Adhiniyam.
Frequently asked questions
Is Section 137 of the Indian Evidence Act still applicable?
The Indian Evidence Act was repealed with effect from 1 July 2024. However, the Bharatiya Sakshya Adhiniyam includes a saving clause for specified proceedings pending immediately before its commencement. The current corresponding provision is Section 142.
Can the party who called a witness cross-examine that witness?
Ordinarily, cross-examination is conducted by the adverse party. The court may, however, permit the party calling a witness to put questions that could be asked in cross-examination, subject to the applicable statutory provision.
Is re-examination a second opportunity for examination-in-chief?
No. Re-examination is directed to explaining matters arising from cross-examination. Introducing new matters requires the court's permission and may permit further cross-examination.
Official legal resources
- India Code - Central legislation and statutory texts (search for the Bharatiya Sakshya Adhiniyam, 2023 and the Indian Evidence Act, 1872).
- e-Gazette of India - Acts and commencement notifications.
- Indian Evidence Act - Related LawDadi guide.
This article provides general legal information. The applicable law, saving provisions and procedural rules should be checked against the facts and filing date of each case.