Evidence Act 146 vs BSA 149: Questions lawful in cross-examination
Section 146 of the Indian Evidence Act is now section 149 of the Bharatiya Sakshya Adhiniyam, in force from 1 July 2024. 61% of the old wording is kept; 99 words removed and 16 words added.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
Evidence Act section 146Questions lawful in cross-examination
When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend— (1) to test his veracity; (2) to discover who he is and what is his position in life; or (3) 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 376, section 376A, section 376AB section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860) 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. State Amendment Arunachal Pradesh Amendment of section 146.—In the proviso to section 146 of the principal act, for the words, figures and letters “section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code” the words, figures and letters “section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA or section 376E of the Indian Penal Code” shall be substituted. Vide Arunachal Pradesh Act 3 of 2019, s. 25
BSA section 149Questions lawful in cross-examination
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.
Text of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.