Bharatiya Sakshya Adhiniyam, 2023
Section 148 BSA: Cross-Examination as to Previous Statements in Writing
Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the use of a witness's previous written statement during cross-examination. It permits questions about an earlier statement even before the writing is shown or formally proved, but lays down a specific safeguard when the earlier writing is to be used for contradiction.
Applicable law: The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on 1 July 2024. Section 148 forms part of Chapter X, "Of Examination of Witnesses."
Text of Section 148
148. Cross-examination as to previous statements in writing. 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.
Meaning of Section 148 BSA
The section distinguishes between merely questioning a witness about an earlier written statement and formally using that writing to contradict the witness. During cross-examination, the earlier statement need not first be shown to the witness merely to ask about it. However, if the cross-examining party intends to prove the writing as a contradiction, the witness's attention must first be drawn to the specific part relied upon.
In practical terms, the provision protects fairness in cross-examination. A witness should know the exact earlier passage said to be inconsistent with the testimony being given in court and should have an opportunity to explain the apparent inconsistency before the writing is proved as a contradiction.
Essential Requirements
- The earlier statement must have been made by the witness in writing or reduced into writing.
- The previous statement must be relevant to a matter in question.
- The witness may be cross-examined about the statement without first being shown the document.
- If the writing is to be used to contradict the witness, attention must first be drawn to the particular part relied upon.
- The contradiction should be confined to the relevant portion actually put to the witness.
Cross-Examination and Contradiction: The Difference
| Stage | Effect of Section 148 |
|---|---|
| Questioning about an earlier written statement | The writing need not first be shown to the witness or proved. |
| Using the earlier writing to contradict the witness | The witness's attention must first be called to the specific part proposed to be used for contradiction. |
| Proving the contradiction | The relevant portion of the earlier statement may then be proved in accordance with the applicable law of evidence and procedure. |
Why the Specific Portion Must Be Put to the Witness
The requirement is not merely formal. It gives the witness a fair opportunity to admit, deny, explain, qualify, or place the earlier statement in context. A contradiction should therefore be identified with sufficient precision rather than by making only a general reference to a long statement or document.
Relationship with Nearby BSA Provisions
Section 148 should be read with the surrounding provisions governing examination of witnesses. Section 147 BSA deals with evidence as to matters contained in writing, while Section 149 BSA specifies questions that may lawfully be asked in cross-examination. These provisions operate together within Chapter X of the BSA.
Corresponding Provision under the Indian Evidence Act, 1872
Section 148 BSA substantially carries forward the rule formerly contained in Section 145 of the Indian Evidence Act, 1872, which also dealt with cross-examination as to previous statements in writing. For current proceedings governed by the BSA, the applicable provision is Section 148, subject to the repeal and savings framework and the facts of the proceeding.
Practical Illustration
Suppose a witness states in court that a particular event occurred at 8:00 p.m., while an earlier written statement attributed to the same witness records a materially different time. Counsel may question the witness about the earlier version without immediately showing the writing. If counsel intends to prove the earlier statement as a contradiction, the witness must first be confronted with the specific passage containing the different version.
Official Sources
The official text of the Bharatiya Sakshya Adhiniyam, 2023 and its section-wise structure are available through India Code. The Ministry of Home Affairs also publishes the new criminal laws and the commencement notification bringing the BSA into force from 1 July 2024.
Last reviewed: 13 September 2026.