BSA Section 148 — Cross-examination as to previous statements in writing

Summary

A witness may be cross-examined about earlier statements they made in writing or that were put into writing, as long as those statements are relevant to the matters in question. This can be done without showing the writing to the witness or formally proving it in court first.

However, if the purpose is to contradict the witness using that writing, then before the writing can be proved in court, the witness's attention must be drawn to the specific parts of the writing that will be used to contradict them.

Official Text

A 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.

Referred to by

• BNSS §181 — Statements to police and use thereof
• BSA §115 — Presumption as to certain offences

Old <-> New Code Mapping

• IEA §145 — Cross-examination as to previous statements in writing