IEA Section 146 — Questions lawful in cross-examination

Summary

During cross-examination, a witness can be asked questions that test their truthfulness, reveal their identity and background, or damage their credibility by attacking their character. This is allowed even if the answers might show the witness committed a crime or could lead to a penalty or forfeiture. However, in cases involving specific sexual offences under the Indian Penal Code, if the issue of consent is raised, the victim cannot be questioned about their general immoral character or past sexual experiences with anyone to prove that they consented or to challenge the quality of their consent.

Official Text

When a witness is cross-examined, he may, in addition to the questions herein-before referred to, be asked any questions which tend—

to lest his veracity.
to discover who he is and what is his position in life, or
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, section1 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.

1 Criminal Law (Amendment) Act, 2018

Old <-> New Code Mapping

• BSA §149 — Questions lawful in cross-examination