CHAPTER X.––OF THE EXAMINATION OF WITNESSES

Section 145: Cross-examination as to previous statements in writing

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

¹A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

Footnotes in the official text

1.As to the Application of s. 145 to police-diaries, see the Code of Criminal Procedure, 1973 (2 of 1974), s. 172.

Now in the BSA

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

145. Cross-examination as to previous statements in writing.

BSA 148

Leading cases

Kehar Singh v. State (Delhi Administration) (1988)The Court upheld the convictions and death sentences of Satwant Singh and Kehar Singh for the conspiracy to assassinate Prime Minister Indira Gandhi, acquitted Balbir Singh, and held that the trial in Tihar Jail was a valid open trial.

Questions on this section

1 question in 4 of our papers cite Section 145. Try these from the free papers:

1. Under Section 148 of the BSA, a witness may be cross-examined as to a previous statement made by him in writing without the writing being shown to him; but if it is intended to contradict him by the writing:

Practise questions on Criminal Law