Section 149 Bharatiya Sakshya Adhiniyam, 2023: Questions lawful in cross-examination

Section 149 of Bharatiya Sakshya Adhiniyam, 2023: Questions lawful in cross-examination

Official Bare Act Text

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

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.

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

Court Sec 2(1)(a) Proved Sec 2(1)(f)

Legal Commentary & Landmark Judgments: Section 149

Section 149 specifies what questions are lawful in cross-examination, empowering counsel to test veracity, discover identity and social standing, and shake credit by injuring character.

Testing Veracity & Accuracy: Questions designed to test the witness's honesty, memory, perception, and consistency.
Discovering Identity & Position: Questions to establish who the witness is and their true relationship with the parties.
Shaking Credit by Injuring Character: Questions injuring character, even if the answer might criminate the witness or expose them to penalty (subject to Section 150-155 safeguards).

Key Landmark Precedents:

State (Delhi Admn.) v. Pali Ram (1979) 2 SCC 158: The Supreme Court recognized that cross-examination under Section 146 IEA (Section 149 BSA) is a potent weapon to elicit the truth and unmask dishonest testimony.
Gurcharan Singh v. State of Punjab (AIR 1963 SC 340): Affirmed that while cross-examination is wide, it must not degenerate into baseless character assassination.

Courtroom Practice & Strategic Litigation Guidance:

Use Section 149 to expose financial bias, past criminal convictions, or undisclosed conflicts of interest of an adverse witness. Frame questions sharply to reveal personal animus toward your client.