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Understanding Section 143 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 – Order of Examinations

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  1. Introduction The Bharatiya Sakshya Adhiniyam (BSA), 2023, is India's updated law governing evidence in courts, replacing the Indian Evidence Act of 1872. Enacted on December 25, 2023, and effective from July 1, 2024, the BSA aims to modernize and simplify the rules of evidence to ensure fair trials in the current legal landscape. A crucial component of the BSA is the structured procedure for examining witnesses during trials. This process is vital for maintaining the integrity of the judicial system. Section 143 of the BSA specifically outlines the order in which witnesses should be examined, ensuring clarity and fairness in legal proceedings. 2. Legal Text of Section 143 – Order of Examinations According to Section 143 of the BSA : "Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined." In simpler terms, this means: Examination-in-Chief : The party who calls the witn...