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Stage 11: Re-Examination of Defendant’s Witness | Civil Trial Process Explained | BSA 2023 Reforms

Welcome to my YouTube channel ‘Legal Information – Law Insights.’ I am Advocate Mukund Mahajan.

This video explains Stage 11 – Re-Examination of Defendant’s Witness under the series “18 Stages of a Civil Case in India.”

After cross-examination is completed, the defendant’s advocate gets the opportunity to clarify answers given by their own witness. This step is brief but strategically powerful in protecting the credibility of the witness and strengthening the defense case.

🔍 What is Re-Examination?

Re-examination is conducted after cross-examination to:
✔ Clarify confusing or incomplete answers
✔ Correct misunderstandings created during cross
✔ Provide proper context to the witness statements
✔ Re-establish credibility

It cannot introduce new facts, and all questions must stay within the scope of the cross-examination.

📘 Relevant Law
• Order 18 Rule 4 CPC – Procedure of witness examination
• Section 138, Bharatiya Sakshya Adhiniyam (BSA) 2023 – Order of examination
• Section 139 BSA 2023 – Leading questions prohibited in re-examination
• Indian Evidence Act, 1872 → Repealed and replaced by BSA 2023

🖥 Digital Evidence & Re-Examination (BSA 2023)

If issues were raised during cross regarding:
• Metadata
• Device source
• Authenticity of electronic records
• Section 63(4) certification
then the defense may clarify them in re-examination without bringing new facts.

⚖ Role of Court

• Ensures questions remain within cross-exam scope
• Stops irrelevant or repetitive questions
• Prevents misuse to fill evidentiary gaps

🎯 Practical Tips for Lawyers

• Ask only targeted questions
• Do not attempt to introduce new stories
• Keep tone neutral
• Focus on damage control

📌 Summary

Re-examination helps clarify answers given in cross-examination. It is governed by Order 18 Rule 4 CPC and Section 138 BSA 2023.
Once this stage is over, the matter proceeds to closing of evidence or final arguments.

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Thank you for watching! See you soon in Stage 12 of this Civil Case Series.

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digital evidence BSA 2023
section 138 BSA explained
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