Section 149 of 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.
Summary
- During cross-examination, a witness may be asked questions to test their truthfulness.
- Questions may be asked to establish the witness's identity and social position.
- A witness may be questioned to damage their credibility, even if the answers could potentially incriminate them or lead to a penalty.
- In specific sexual offense prosecutions under the Bharatiya Nyaya Sanhita, 2023, questions regarding a victim's past sexual history or character are prohibited when consent is at issue.
Practical examples
FAQ
1. Can a witness refuse to answer a question if it might incriminate them?
No, under this section, a witness may be asked questions that tend to criminate them or expose them to a penalty or forfeiture during cross-examination.
2. Are there restrictions on questioning a victim about their character in sexual offense cases?
Yes, in prosecutions for offenses under sections 64 through 71 of the Bharatiya Nyaya Sanhita, 2023, it is not permissible to question a victim about their general immoral character or previous sexual experience to prove consent.
3. What is the purpose of allowing questions about a witness's position in life?
The purpose is to discover who the witness is and their position in life as part of the cross-examination process.
Test yourself
Q1.Under Section 149 of the Bharatiya Sakshya Adhiniyam, 2023, what is one of the lawful purposes for which a witness may be asked additional questions during cross-examination?
Q2.Under Section 149 of the Bharatiya Sakshya Adhiniyam, 2023, can a witness be asked questions in cross-examination that tend to shake their credit by injuring their character?
Q3.Under Section 149 of the Bharatiya Sakshya Adhiniyam, 2023, in a prosecution for certain sexual offences where consent is in issue, what limitation is placed on cross-examining the victim?
Q4.Under Section 149 of the Bharatiya Sakshya Adhiniyam, 2023, which of the following is listed as one of the three lawful targets of questions in cross-examination?