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Indian Evidence Act, 1872

IEA Section 138 in BSA

§ 138 IEA→§ 143 BSA

Order of examinations. Section 138 of the Indian Evidence Act, 1872 (Order of examinations) corresponds to Section 143 of the Bharatiya Sakshya Adhiniyam, 2023.

Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.

Where this sits in the exam

This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.

Questions that turn on this section

A conviction is not illegal merely because it proceeds on the uncorroborated testimony of an accomplice. This is stated in:

Answer & explanation

Section 138 BSA

BSA Section 138 corresponds to IEA Section 133. It must be read with the illustration to the presumption provision, under which the court may presume an accomplice is unworthy of credit unless corroborated in material particulars.

Where to find it: BSA, Chapter IX

Leading questions may be asked:

Answer & explanation

In cross-examination

BSA Sections 146 to 147 correspond to IEA Sections 141 to 143. In examination-in-chief and re-examination, leading questions may be asked only with the court's permission, generally on introductory or undisputed matters.

Where to find it: BSA, Chapter X

An accomplice is:

Answer & explanation

A competent witness, and a conviction on his uncorroborated testimony is not illegal

§ 138 BSA read with the presumption in § 119(b) that his evidence is unworthy of credit unless corroborated in material particulars.

Where to find it: Chapter IX — Witnesses

Sections either side of it

How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:

IEAProvisionBSA
134Number of witnesses139
135Order of production and examination of witnesses140
137Examination-in-chief, cross-examination and re-examination142
140Witnesses to character145
141Leading questions146
142When leading questions must not be asked147

Practise it

Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.

Practise free Full IEA→BSA table