Order of production and examination of witnesses.
What this section does
The order in which witnesses are produced and examined is governed by the applicable law and practice relating to civil or criminal procedure. In the absence of any such law, the court has discretion to regulate the order.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
The order of production and examination of witnesses is governed by procedural law or, in its absence, by the court's discretion.
When it applies
- In a criminal trial, the prosecution examines its witnesses first in accordance with the Code of Criminal Procedure / BNSS.
- Where no procedural rule covers a particular situation, the court may in its discretion decide which witness is examined first.
Derived from IEA s.135.
Read the official text
For the binding statutory text of BSA Section 140, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 140 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.