BSA Section 149 — Questions lawful in cross-examination

Summary

When a witness is being cross-examined, they may be asked any questions that go beyond the ones already mentioned in earlier provisions, as long as those questions are meant to achieve one of the following purposes: (a) to test how truthful the witness is; or (b) to find out who the witness is and what their position in life is; or (c) to damage the witness's credibility by attacking their character, even if the answers to such questions might directly or indirectly show that the witness committed a crime, or might expose them to a penalty or forfeiture.

However, there is an important restriction. In a prosecution for an offence under sections 64, 65, 66, 67, 68, 69, 70 or 71 of the Bharatiya Nyaya Sanhita, 2023, or for an attempt to commit any such offence, where the issue of consent is being considered, it is not allowed to bring in evidence or ask questions in the cross-examination of the victim about the victim's general immoral character or previous sexual experience with any person, for the purpose of proving that consent was given or to show the quality of that consent.

Official Text

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.

Sections referred to

• BNS §71 — Punishment for repeat offenders
• BSA §64 — Rules as to notice to produce
• BSA §65 — Proof of signature and handwriting of person alleged to have signed or written document produced
• BSA §66 — Proof as to electronic signature
• BSA §67 — Proof of execution of document required by law to be attested
• BSA §68 — Proof where no attesting witness found
• BSA §69 — Admission of execution by party to attested document
• BSA §70 — Proof when attesting witness denies execution

Referred to by

• BSA §115 — Presumption as to certain offences

Related Judgments

• RANBIR YADAV vs STATE OF BIHAR — Supreme Court of India (1995)
• CHANDRA SHEKHAR BIND AND ORS. vs STATE OF BIHAR — Supreme Court of India (2001)
• BIKAU PADEY AND ORS vs STATE OF BIHAR — Supreme Court of India (2003)
• NITYA NAND vs STATE OF U.P. & ANR — Supreme Court of India (2024)
• SARBJIT SINGH & ANR. vs STATE OF PUNJAB & ANR — Supreme Court of India (2009)
• K.H. SHEKARAPPA & OTHERS vs STATE OF KARNATAKA — Supreme Court of India (2009)

Old <-> New Code Mapping

• IEA §146 — Questions lawful in cross-examination