142 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BSA S.140
What subject matter does Section 140 of the Bharatiya Sakshya Adhiniyam, 2023 regulate?
- A.The order of production and examination of witnesses✓ correct
- B.The rules for admissibility of documentary evidence
- C.The burden of proof in civil and criminal cases
- D.The procedure for filing appeals against evidence rulings
Why: The provision states that 'The order in which witnesses are produced and examined shall be regulated...' which directly shows it governs the order of production and examination of witnesses.
Read Section 140 — Order of production and examination of witnesses →Q2 · easy · BSA S.140
According to Section 140, by what is the order of production and examination of witnesses in civil matters primarily regulated?
- A.Criminal procedure
- B.The law and practice relating to civil procedure for the time being✓ correct
- C.The discretion of the Court in all cases
- D.The Evidence Act
Why: The provision specifies that the order shall be 'regulated by the law and practice for the time being relating to civil and criminal procedure respectively,' so civil matters are regulated by civil procedure law and practice.
Read Section 140 — Order of production and examination of witnesses →Q3 · medium · BSA S.140
If there is no law or practice 'for the time being relating to criminal procedure' about the order of witnesses, who determines the order under Section 140?
- A.The Attorney General
- B.A legislative committee
- C.The discretion of the Court✓ correct
- D.The police investigating officer
Why: The provision states that where there is no such law, the order is determined 'by the discretion of the Court.' Thus, in absence of applicable criminal procedure law or practice, the Court decides.
Read Section 140 — Order of production and examination of witnesses →Q4 · medium · BSA S.140
Where a law relating to civil procedure exists but established practice is silent on the order of witnesses, which governs under Section 140?
- A.The criminal procedure rules
- B.Court discretion because practice is silent
- C.A separate statutory schedule to the Act
- D.The existing civil procedure law (and practice if/where present)✓ correct
Why: Section 140 provides that the order is 'regulated by the law and practice for the time being relating to civil and criminal procedure respectively,' so an existing civil procedure law governs even if practice is not specified.
Read Section 140 — Order of production and examination of witnesses →Q5 · hard · BSA S.140
Which statement correctly captures the scope of the Court's discretion under Section 140?
- A.The Court has discretion only in the absence of any such law or practice regulating the order of witnesses.✓ correct
- B.The Court always has discretion to decide the order, even if procedure law exists.
- C.The Court has discretion whenever either the law or the practice is silent, even if the other exists.
- D.The Court's discretion applies only where both civil and criminal procedure laws conflict.
Why: Section 140 limits Court discretion to 'in the absence of any such law,' meaning the Court's discretion applies only when there is no applicable law or practice regulating the order; it does not override existing procedure law.
Read Section 140 — Order of production and examination of witnesses →137 more questions on Of Examination Of Witnesses
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