Section 145 Bharatiya Sakshya Adhiniyam, 2023: Witnesses to character

Section 145 of Bharatiya Sakshya Adhiniyam, 2023: Witnesses to character

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Witnesses to character may be cross-examined and re-examined.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 145

Section 145 provides that witnesses to character may be cross-examined and re-examined, ensuring that character witnesses are subjected to the same rigorous testing as factual witnesses.

Testing Character Assertions: Permits the prosecution or adverse party to cross-examine character witnesses produced under Section 47 BSA.
Testing Credibility & Basis: Adverse counsel can probe the basis of the witness's opinion, opportunities of observation, and knowledge of prior misconduct.
Re-Examination Symmetry: Permits the calling party to rehabilitate the character witness on points raised during cross-examination.

Key Landmark Precedents:

Bhagwan Swaroop v. State of Maharashtra (AIR 1965 SC 682): The Supreme Court examined character evidence, noting that character witnesses can be cross-examined regarding their knowledge of the accused's reputation.
State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Affirmed that character testimony must withstand rigorous cross-examination to carry evidentiary weight.

Courtroom Practice & Strategic Litigation Guidance:

When cross-examining an opponent's character witness, test their true intimacy with the party: ask whether they were aware of previous tax penalties, civil disputes, or regulatory notices, puncturing claims of unblemished reputation.