BNSS Examination Process

examination and cross examination in bsa act

In the context of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaces the Indian Evidence
Act, 1872, the provisions relating to examination and cross-examination of witnesses remain largely
aligned with the established principles of evidence law in India. Here's a structured explanation of
examination, cross-examination, and re-examination under the BSA:

🔹 1. Examination of Witnesses – Overview

The process of examining witnesses is crucial in judicial proceedings to ascertain the truth. It includes:

1. Examination-in-chief – Conducted by the party who calls the witness.

2. Cross-examination – Conducted by the opposite party.

3. Re-examination – Conducted by the original party to clarify any issues raised in cross.

🔹 2. Relevant Provisions in BSA, 2023

Below are the key provisions under the Bharatiya Sakshya Adhiniyam, 2023 dealing with witness
examination:

✅ Section 138 – Order of Examination

A witness is first examined-in-chief.

Then cross-examined by the adverse party.

Then may be re-examined by the party who called them.

✅ Section 139 – Cross-examination of Person Called to Produce a Document

A person summoned only to produce a document does not become a witness and cannot be
cross-examined unless formally called as a witness.

✅ Section 140 – Leading Questions

Leading questions can be asked:

In cross-examination without restriction.

In examination-in-chief or re-examination only with court's permission.

✅ Section 141 – Evidence as to Matters in Writing

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 If a witness is being asked about a matter in writing, the writing must be shown to them before
questioning.

✅ Section 146 – Questions Lawful in Cross-Examination

Allows cross-examination to:

Test veracity of the witness.

Discover the witness’s position in life.

Shake their credit.

✅ Section 147 – Witness to be Cross-Examined on Previous Statements

A witness can be questioned about previous written or oral statements relevant to the case.

🔹 3. Examination-in-Chief
Done by the party who calls the witness.

Only non-leading questions unless permitted.

Purpose: To bring out facts that support the party's case.

🔹 4. Cross-Examination
Done by the opposing party.

Leading questions are allowed.

Purpose:
Test the accuracy and reliability of the witness.

Uncover contradictions or ulterior motives.

Undermine credibility.

🔹 5. Re-Examination
Done after cross-examination by the original party.

Only to clarify facts raised during cross.

No new matter may be introduced unless the court permits.

🔹 6. Important Case Law

State of Rajasthan v. Ani (1997): Importance of cross-examination to test truthfulness of the
witness.

Laxmibai v. Bhagwanth (2013): Failure to cross-examine amounts to acceptance of testimony.

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🔹 7. Practical Importance in Trials
Examination is key to proving facts in issue.

Cross-examination is a powerful tool to test evidence.

Re-examination helps in removing ambiguities or misunderstandings.

✅ Conclusion
Examination and cross-examination under the BSA, 2023, continue to uphold the principles of fair trial,
allowing both parties a chance to present and challenge evidence. The structure ensures truth emerges
through rigorous scrutiny.

Let me know if you need this in short-note form or as a model answer for a law exam.

hostile witness with sections

Here's a detailed explanation of a hostile witness under the Bharatiya Sakshya Adhiniyam, 2023
(BSA) with relevant sections and important case law:

📌 Hostile Witness – Under BSA, 2023

🔹 Meaning
A hostile witness is one who:

Resiles from their previous statement, or

Shows intentional deviation from the facts they earlier affirmed, or

Displays animosity or prejudice against the party who called them.

Such a witness is considered unfavorable or adverse to the party that called them.

🔹 Relevant Sections of BSA, 2023

✅ Section 154 – Question by Party to His Own Witness
This is the core provision dealing with hostile witnesses.
Court’s Permission is required.

When the court finds a witness hostile, it may permit the calling party to:
Cross-examine their own witness.

Ask leading questions.

📌 Purpose: To challenge the credibility of the witness or contradict them.

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✅ Section 146 – Lawful Questions in Cross-Examination
Permits asking questions to:
Test veracity,

Discover the witness’s position in life, or

Shake their credit.

📌 Importance: These rights are granted even to the party who originally called the witness, once
declared hostile under Section 154.

✅ Section 155 – Impeaching Credit of Witness

The credit of a witness may be impeached by:
Proof of previous inconsistent statements,

Evidence that the witness is unworthy of credit.

🔹 Essentials of Declaring a Witness Hostile

1. Witness gives inconsistent or contradictory statements.

2. The party calling the witness requests the court to declare the witness hostile.
3. The court must be satisfied that the witness is not acting faithfully or is suppressing the truth.

🔹 Consequences of Hostility
The party can cross-examine their own witness.
Evidence is not discarded automatically – the court can still rely on truthful parts of the
testimony.

🔹 Important Case Laws

✅ Sat Paul v. Delhi Administration (1976 AIR 294)
Defined "hostile witness" and held that merely giving a different version does not make one
hostile.

The testimony can still be relied on in parts if found credible.

✅ State of U.P. v. Ramesh Prasad Misra (1996)

The evidence of a hostile witness is not to be rejected entirely.

Court can rely on the part which is corroborated by other evidence.

✅ Gubbala Venugopal v. State of A.P. (2021 SC)

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 Reinforced that a hostile witness does not become unreliable in toto.

The truthful part can be separated and used.

🔹 Example Scenario
If a prosecution witness in a murder case turns hostile in court by denying the FIR statement or not
identifying the accused, the prosecutor can request the court to declare the witness hostile under
Section 154 BSA, and proceed to cross-examine.

✅ Conclusion
The concept of a hostile witness under the BSA, 2023 continues to play a crucial role in ensuring that
truth is uncovered, even when a witness turns against the party that called them. With safeguards
under Sections 154, 146, and 155, the law maintains the balance between fair trial and effective
evidence examination.

Let me know if you'd like a short-note version, case-based application, or a model exam answer on
this.

res gestae , conspiracy , expert opinion , estoppel unser bsa act

Here’s a clear and concise explanation of the following four concepts under the Bharatiya Sakshya
Adhiniyam, 2023 (BSA) with relevant sections and case law:

🔹 1. Res Gestae – Section 6 BSA

✅ Section 6 – Facts forming part of the same transaction
Adopts the doctrine of Res Gestae, i.e., facts which are so connected to the occurrence that they
form part of the same transaction are relevant, even if they occurred:

At the same time,

Or before/after the main fact.

📌 Example:
A person shouts “He’s stabbing me!” while being attacked. This spontaneous exclamation is res gestae
and is admissible.

🏛️ Case Law:
Sukhar v. State of U.P. (1999) – Statements made immediately after the incident are admissible as
part of res gestae.

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 Gentela Vijayavardhan Rao v. State of A.P. (1996) – Res gestae includes only spontaneous and
contemporaneous statements.

🔹 2. Conspiracy – Section 10 BSA

✅ Section 10 – Things said or done by conspirator
In a case of conspiracy, anything said, done, or written by one conspirator in reference to the
common intention is relevant against all conspirators if:

It is done during the continuance of the conspiracy,

And in reference to the common design.

📌 Example:
If A and B conspire to commit robbery, and A sends a message to C about the plan, that message can be
used against B as well.

🏛️ Case Law:
State v. Nalini (Rajiv Gandhi assassination case) – Section 10 applies only while the conspiracy
is active, not after it ends.

State of Maharashtra v. Damu (2000) – Admissions by co-conspirators are admissible only if made
during the conspiracy.

🔹 3. Expert Opinion – Section 45 BSA

✅ Section 45 – Opinions of experts
Opinions of persons specially skilled in:

Foreign law,
Science,

Art,

Fingerprints,
Handwriting, etc.,
are relevant facts.

📌 Example:
A forensic expert’s opinion on whether a handwriting matches a document is admissible.

🏛️ Case Law:
State of H.P. v. Jai Lal (1999) – Expert opinion is advisory, not conclusive.

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 Murari Lal v. State of M.P. (1980) – Photographic expert opinion is admissible if relevant and
reliable.

🔹 4. Estoppel – Section 121 BSA

✅ Section 121 – Estoppel
A person who has:
Intentionally caused another to believe a thing to be true,

And to act upon such belief,

Cannot deny the truth of that thing in a legal proceeding.

📌 Example:
If A tells B that a particular land belongs to A, and B buys it relying on that statement, A cannot later
deny ownership.

🏛️ Case Law:
B.L. Sreedhar v. K.M. Munireddy (2003) – Estoppel applies to prevent inconsistent positions.

Ganges Mfg. Co. v. Sourujmull (1880) – Estoppel upholds honesty in transactions and prevents
fraud.

✅ Summary Table
Concept Section in BSA Description
Res Gestae Sec 6 Facts forming part of same transaction are relevant

Conspiracy Sec 10 Acts/statements of conspirators admissible against each other

Expert Opinion Sec 45 Opinions of experts on scientific, technical, or artistic matters relevant
Estoppel Sec 121 One cannot deny a fact they earlier induced another to believe

Let me know if you want model answers, case-based illustrations, or MCQs on these topics.

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