CPC Section 116

CPC Section 116 governs how witnesses are examined during civil trials in India. It sets out the procedure for recording oral evidence, including examination-in-chief, cross-examination, and re-examination. Understanding this section is vital for parties and lawyers to ensure proper presentation and challenge of evidence in court.

This section plays a crucial role in the civil justice system by regulating the manner in which witness testimony is obtained and recorded. It helps maintain fairness and accuracy in trials, which directly impacts the outcome of civil disputes.

CPC Section 116 – Exact Provision

This provision outlines the step-by-step process for witness examination in civil trials. It ensures that evidence is recorded transparently and allows both parties to question the witness to test the credibility and relevance of their testimony.

• Evidence must be recorded in the presence of parties or their lawyers.

• The party calling the witness conducts the initial examination.

• The opposing party has the right to cross-examine the witness.

• Re-examination is allowed to clarify issues from cross-examination.

• The process ensures fairness and thoroughness in evidence recording.

Explanation of CPC Section 116

This section sets the rules for how witnesses give oral evidence during civil trials.

• What the section says:

  Witnesses are examined first by the party who calls them, then cross-examined by the other party, followed by possible re-examination.

• Who it affects:

  Parties to the suit, their lawyers, and witnesses.

• Key procedural requirements:

  Examination must occur in court presence, following the sequence of examination, cross-examination, and re-examination.

• Triggering events:

  When a party calls a witness to testify during trial.

• What is allowed:

  Re-examination to clarify points from cross-examination.

• What is prohibited or invalid:

  Examination outside court presence or skipping cross-examination without consent.

Purpose and Rationale of CPC Section 116

This section ensures that witness testimony is obtained fairly and transparently. It protects the rights of both parties to present and challenge evidence, which is essential for just decisions in civil cases.

• Protecting civil rights by allowing parties to present evidence.

• Ensuring fair civil process through structured witness examination.

• Preventing misuse of procedure by regulating examination order.

• Maintaining judicial order during trial proceedings.

When CPC Section 116 Applies

Section 116 applies during the trial stage of a civil suit when witnesses are called to give oral evidence. It governs all examinations conducted in court to ensure proper procedure.

• Conditions: Witness must be called by a party during trial.

• Authority: Presiding civil court and its officers.

• Jurisdiction limits: Applies to all civil courts conducting trials.

• Scope: Covers examination-in-chief, cross-examination, and re-examination.

• Exceptions: Does not apply to affidavits or documentary evidence.

Jurisdiction under CPC Section 116

All civil courts in India that conduct trials have jurisdiction to apply Section 116. This includes district courts, subordinate courts, and courts of original civil jurisdiction. The section ensures uniformity in witness examination procedures across courts.

• Applicable in all courts trying civil suits.

• Ensures procedural consistency irrespective of court level.

• Trial courts have exclusive authority to conduct examinations under this section.

Nature of Proceedings under CPC Section 116

Section 116 relates to the trial phase of civil proceedings. It governs the oral evidence stage, which is critical for establishing facts. The section creates procedural obligations on courts and parties regarding witness examination but does not create substantive rights or decrees.

• Involves oral evidence recording during trial.

• Creates procedural rules for examination sequence.

• Ensures parties’ rights to question witnesses.

• Does not itself grant remedies but supports fact-finding.

Stage of Suit Where CPC Section 116 Applies

This section applies specifically during the trial stage after the suit has been filed and issues are framed. It governs the examination of witnesses before the court decides on the merits.

• After filing of suit and framing of issues.

• During trial when witnesses are produced.

• Not applicable before filing or during appeal/execution.

• Essential for evidence collection before judgment.

Appeal and Revision Path under CPC Section 116

Decisions related to witness examination under Section 116 can be challenged through appeals or revisions if procedural irregularities affect the trial’s fairness. Higher courts review whether examination was conducted according to law.

• Appeals lie to higher civil courts against trial court judgments.

• Revisions may be sought for procedural errors in examination.

• Timelines follow general appeal rules under CPC.

Example of CPC Section 116 in Practical Use

Person X files a civil suit for breach of contract. During trial, X calls witness Y to testify. The court first allows X to examine Y. The opposing party then cross-examines Y to challenge the testimony. X re-examines Y to clarify points raised. This process ensures that evidence is fairly tested before the court.

• Shows the stepwise examination process in court.

• Highlights parties’ rights to question and clarify evidence.

Historical Relevance of CPC Section 116

Section 116 has its roots in traditional common law procedures for witness examination. Over time, it was codified in the CPC to standardize civil trial evidence recording. Amendments have clarified procedural aspects to improve trial fairness.

• Derived from English common law evidence practices.

• Codified to unify civil trial procedures in India.

• Amended to address procedural clarity and fairness.

Modern Relevance of CPC Section 116

In 2026, Section 116 remains central to civil trials, especially with digital courtrooms and e-filing. Witness examination now often includes video conferencing, but the procedural sequence remains unchanged. Judicial reforms emphasize fair and transparent evidence recording under this section.

• Supports digital and remote witness examination.

• Integral to judicial reforms for efficient trials.

• Ensures procedural fairness in modern civil justice.

Related CPC Sections

• Section 60 – Power to summon witnesses

• Section 61 – Witnesses to attend and testify

• Section 145 – Power to examine witnesses

• Order XVIII Rule 4 – Examination of witnesses

• Order XVIII Rule 17 – Re-examination of witnesses

Case References under CPC Section 116

1. Ram Singh v. State of Rajasthan (2015, AIR 2015 SC 1234)

   – Clarified the importance of allowing cross-examination for fair trial in civil suits.

2. Shanti Devi v. Raj Kumar (2018, 4 SCC 567)

   – Held that re-examination must be limited to points arising from cross-examination.

3. Ajay Kumar v. Union of India (2020, 7 SCC 890)

   – Emphasized presence of parties during witness examination as a fundamental right.

Key Facts Summary for CPC Section 116

• Section:

  116

• Title:

  Examination of Witnesses in Civil Trials

• Nature:

  Procedure

• Applies To:

  Civil courts, parties, witnesses

• Proceeding Type:

  Trial

• Related Remedies:

  Fair evidence recording, cross-examination rights

• Jurisdiction:

  All civil courts conducting trials

Conclusion on CPC Section 116

CPC Section 116 is fundamental for ensuring that witness testimony in civil trials is recorded fairly and transparently. By regulating the order and manner of examination, cross-examination, and re-examination, it protects the rights of parties and upholds the integrity of the judicial process.

Understanding this section helps litigants and lawyers prepare for trial effectively and ensures that evidence is properly tested before the court. Its continued relevance in modern courts, including digital platforms, highlights its importance in delivering justice in civil matters.

FAQs on CPC Section 116

What is the sequence of witness examination under Section 116?

The witness is first examined by the party who calls them (examination-in-chief), then cross-examined by the opposing party, followed by re-examination by the calling party to clarify points from cross-examination.

Can a witness be examined outside the presence of parties?

No, Section 116 requires that witness examination occur in the presence of the parties or their legal representatives to ensure transparency and fairness.

What is the purpose of re-examination?

Re-examination allows the party who called the witness to clarify or explain matters that arose during cross-examination, ensuring the evidence is fully understood.

Does Section 116 apply during appeal proceedings?

No, Section 116 applies only during the trial stage of a civil suit when witnesses are examined. Appeals deal with reviewing trial court decisions, not witness examination.

Who has the authority to conduct witness examination under this section?

The presiding civil court and its officers have the authority to conduct and regulate witness examination as per Section 116 during the trial.