PART IV PRODUCTION AND EFFECT OF EVIDENCE · CHAPTER X OF EXAMINATION OF WITNESSES

Section 149: Questions lawful in cross-examination

The Bharatiya Sakshya Adhiniyam, 2023

When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend—

(a) to test his veracity; or

(b) to discover who he is and what is his position in life; or

(c) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him, or might expose or tend directly or indirectly to expose him to a penalty or forfeiture:

Provided that in a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

149	146. Questions lawful in cross-examination.

Questions on this section

4 questions in 21 of our papers cite Section 149. Try these from the free papers:

1. Consider the following statements regarding questions put to a witness in cross-examination under Section 149 of the BSA: 1. If such a question relates to a matter relevant to the suit or proceeding, the provisions of Section 137 apply to it. 2. If it relates to a matter not relevant except as affecting the witness's credit by injuring his character, the Court decides whether he shall be compelled to answer, and may warn him that he is not obliged to answer. 3. The Court may draw from the witness's refusal to answer the inference that the answer, if given, would be unfavourable. 4. Such a question is proper even though the imputation relates to matters so remote in time that its truth would hardly affect the Court's opinion of his credibility. Which of the statements given above are correct?
2. Under Section 149 of the BSA, when a witness is cross-examined he may, besides the other permitted questions, be asked any question which tends to do each of the following, EXCEPT:
3. Under the proviso to Section 149 of the BSA, in a prosecution for an offence under any of Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023, or an attempt to commit such an offence, where the question of consent is in issue, it is not permissible to put questions in the cross-examination of the victim as to:

Practise questions on Bharatiya Sakshya Adhiniyam