Introduction
Section 135 of the Indian Evidence Act, 1872, deals with the order of production and examination of witnesses in judicial proceedings. It provides a procedural framework that determines how witnesses should be brought before the court and examined during trials. This section does not prescribe a rigid sequence. Instead, it defers to existing civil and criminal procedure laws. Where such procedural laws are silent, the court has the discretion to decide the appropriate order.
The objective of Section 135 is to ensure fairness, consistency, and efficiency in trials. By aligning witness examination with procedural laws like the Code of Civil Procedure and the Code of Criminal Procedure, the provision ensures that evidentiary processes remain structured while still allowing judicial flexibility.
What Does Section 140 of the Bharatiya Sakshya Adhiniyam Provide?
Section 140 of the Bharatiya Sakshya Adhiniyam, 2023, governs the same subject as Section 135 of the Indian Evidence Act. It regulates the order in which witnesses are produced and examined before courts. The wording of Section 140 is identical to that of Section 135.
This provision came into force on 1 July 2024, replacing the Indian Evidence Act as part of India’s comprehensive criminal law reforms. Section 140 continues the same legal principle by relying on civil and criminal procedure laws and granting courts discretion where procedural rules do not exist.
Is There Any Difference in the Language of Section 135 IEA and Section 140 BSA?
There is no difference at all in the language of the two provisions. Section 140 of the Bharatiya Sakshya Adhiniyam reproduces Section 135 of the Indian Evidence Act verbatim. Both sections state that the order of producing and examining witnesses shall be regulated by the law and practice relating to civil and criminal procedure. Both also empower the court to exercise discretion when no such law exists.
This identical wording reflects legislative continuity rather than change. The lawmakers intentionally retained the provision without modification, indicating that the earlier rule was effective and did not require reform.
How Do These Sections Interact with Procedural Laws?
Both Section 135 of the Indian Evidence Act and Section 140 of the Bharatiya Sakshya Adhiniyam function as supplementary provisions. They do not independently dictate the sequence of witness examination. Instead, they rely on procedural statutes such as the Code of Civil Procedure and the Bharatiya Nagarik Suraksha Sanhita.
In criminal trials, this generally means the prosecution presents its witnesses first, followed by the defence. In civil cases, the plaintiff typically leads evidence before the defendant. These sections ensure that evidentiary rules remain aligned with procedural law rather than operating in isolation.
What Role Does Judicial Discretion Play Under These Provisions?
Judicial discretion is a key element of both Section 135 IEA and Section 140 BSA. When procedural laws do not prescribe a specific order for witness examination, courts are empowered to determine the sequence based on the facts of the case. This flexibility allows judges to manage proceedings efficiently and prevent abuse of process.
Courts may alter the order to ensure justice, avoid unnecessary delay, or accommodate exceptional circumstances. This discretion supports the broader goal of ensuring fair trials while maintaining procedural discipline.
Has the Scope of the Provision Changed Under the Bharatiya Sakshya Adhiniyam?
The scope of the provision remains unchanged. Section 140 of the Bharatiya Sakshya Adhiniyam applies to both civil and criminal proceedings in the same manner as Section 135 of the Indian Evidence Act. The only difference lies in the legislative framework within which the provision now operates.
With the introduction of new criminal procedure codes, including the Bharatiya Nagarik Suraksha Sanhita, Section 140 now functions alongside updated procedural laws. However, its substantive application remains exactly the same.
Why Was Section 135 Renumbered as Section 140?
The renumbering of Section 135 to Section 140 occurred due to the structural reorganisation of the Bharatiya Sakshya Adhiniyam, 2023. Several provisions were rearranged, added, or renumbered to align with modern drafting practices and updated legal terminology.
This renumbering does not indicate any doctrinal or functional change. It is purely administrative and structural. Legal interpretation and judicial application remain consistent with earlier practice.
When Did Section 140 of the Bharatiya Sakshya Adhiniyam Come into Force?
Section 140 of the Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. On the same date, the Indian Evidence Act, 1872, stood repealed. From this point onward, courts are required to refer to the Bharatiya Sakshya Adhiniyam for evidentiary matters.
Despite this legislative transition, courts continue to rely on established interpretations of Section 135 while applying Section 140, due to their identical wording.
What Is the Practical Impact of This Provision on Trials?
In practical terms, both provisions ensure that trials proceed in an orderly manner. They prevent confusion regarding who should lead evidence and when witnesses should be examined. By anchoring evidentiary order to procedural law, they maintain uniformity across jurisdictions.
At the same time, the discretion granted to courts ensures that rigid technicalities do not obstruct justice. This balance between structure and flexibility makes the provision a cornerstone of fair trial procedure.
Does Section 140 Introduce Any Substantive Legal Reform?
Section 140 of the Bharatiya Sakshya Adhiniyam does not introduce any substantive reform. It simply carries forward the established rule under Section 135 of the Indian Evidence Act. The provision reflects legislative confidence in the existing framework governing witness examination.
Its inclusion without amendment signals continuity, stability, and respect for long-standing judicial practice in Indian evidence law.
