Examination-in-chief
Section 137 of the Indian Evidence Act, 1872 deals with examination-in-chief. The examination of witness by the party who calls him shall be called his examination-in-chief. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
The examination of witness by the party who calls him shall be called his examination-in-chief. Cross-examination. –– The examination of a witness by the adverse party shall be called his cross-examination. Re-examination. ––The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.
Section 137, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 142 Examination of witnesses Close, with changes 85%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vinod Kumar v. State of Punjab
Court's Decision & Legal Precedent
Judgement of Main Case order-6.pdf 2015-01-21 DATE VERIFIED (not same-date ROP order-7; not the earlier 2014-09-23 labelled Judgment order-3). Crl A 554/2012. IEA 137/138: examination-in-chief and cross should be on the same day; long deferral lets the witness be gained over. Hostile evidence is not washed off — usable parts survive (s.154). CrPC 309 adjournments are not a right. Map iea 137/138/154 and crpc 309 (BNSS 346 successor, mapping.csv close).
On this section: s.137 examination-in-chief must be followed by cross the same day. A 20-month deferral lets the witness be gained over and is an abuse of the trial (Vinod Kumar).
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Sunil Mehta vs State of Gujarat
Court's Decision & Legal Precedent
Evidence recorded during preliminary inquiry under Section 202 CrPC before the accused appears in court cannot be used to frame charges against the accused under Section 246 CrPC without fresh evidence being produced and recorded under Section 244 CrPC in the presence and with the opportunity of cross-examination by the accused. The accused has a fundamental right to cross-examine prosecution witnesses before charges are framed, as this right is essential for the accused to demonstrate that allegations are groundless and no case exists warranting framing of charges. The scheme and procedure of Chapter XV (dealing with complaints and preliminary inquiry) is distinct from Chapter XIX Part B (dealing with trial of warrant cases on private complaint), and evidence recorded at the preliminary stage cannot substitute for evidence properly recorded under Section 244 in the presence of the accused.
On this section: Definition of examination-in-chief, cross-examination and re-examination of witnesses
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… (b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.] (6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be …
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… (b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.] (6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be …
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… (b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.] (6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be …
Questions about Section 137
What have the courts held on Section 137 of the Indian Evidence Act?
Vinod Kumar v. State of Punjab (21 Jan 2015) is the leading judgment on this section among those set out below: s.137 examination-in-chief must be followed by cross the same day. A 20-month deferral lets the witness be gained over and is an abuse of the trial (Vinod Kumar). Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2013 to 2015.
How do I find court cases under Section 137 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 137, section 137 IEA, section 137 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vinod Kumar v. State of Punjab (21 Jan 2015).
What should I read with Section 137 of the Indian Evidence Act, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BSA 142 (Examination of witnesses), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 137 of the Indian Evidence Act come into force?
Section 137 of the Indian Evidence Act, cited as IEA 137, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.