Indian Evidence Act, 1872 · Section 146

IEA 146 in BSA: Section 149

Section 146 of the Indian Evidence Act, 1872 corresponds to Section 149 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 146 deals with questions lawful in cross-examination. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA. Both texts are set out below, side by side, with the changed words marked.

Indian Evidence Act

IEA 146 is now BSA 149.

Questions lawful in cross-examination

Carried over
87% of the old wording kept
Old · IEA 1872 · Ch. X
s. 146
Questions 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: 17[Provided that in a prosecution for an offence under Section 376, 178[Section 376-A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB] or Section 376-E 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.]
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. X
s. 149
Questions 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 from India Code

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