Section 149 BSA 2023 - Questions Lawful in Cross-Examination
Section 149 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) identifies the kinds of questions that may lawfully be put to a witness during cross-examination. The provision permits questions directed to the witness's truthfulness, identity and position in life, and credit, but it also contains an important statutory restriction in prosecutions for specified sexual offences where consent is in issue.
Text of Section 149 of the Bharatiya Sakshya Adhiniyam, 2023
149. 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.
What Section 149 Means
Cross-examination is not confined to repeating matters already covered in examination-in-chief. Section 149 specifically recognises that a witness may be questioned for purposes connected with credibility and credit. In practical terms, the provision allows a cross-examiner to probe whether the witness is truthful, to establish the witness's identity and social or occupational position where relevant, and to challenge the reliability or credit of the witness.
1. Questions to test veracity
Clause (a) permits questions intended to test whether the witness is speaking the truth. Such questions may examine the accuracy, consistency, memory, opportunity for observation or reliability of the witness, subject to the other safeguards governing cross-examination under the BSA.
2. Questions about identity and position in life
Clause (b) permits questions designed to discover who the witness is and the witness's position in life. This may include matters that legitimately help the Court assess the witness's background, relationship to the parties, occupation, status or circumstances when those matters bear on the evidence or credibility.
3. Questions intended to shake credit
Clause (c) permits questions directed at the credit of the witness, including questions that may affect character. The statutory language makes clear that such questions are not automatically barred merely because the answer could directly or indirectly incriminate the witness or expose the witness to a penalty or forfeiture. However, this power is controlled by the surrounding provisions of the BSA governing when such questions may be asked and when the Court must intervene.
Restriction in Sexual-Offence Cases Where Consent Is in Issue
The proviso to Section 149 creates a specific protection for a victim in prosecutions under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023, and attempts to commit those offences. Where consent is an issue, evidence of the victim's general immoral character or previous sexual experience with any person cannot be introduced, and questions on those matters cannot be put in cross-examination for the purpose of proving consent or the quality of consent.
Relationship with Nearby BSA Provisions
Section 149 should be read with the surrounding provisions regulating examination and cross-examination of witnesses. In particular, the related provisions deal with the order and scope of examinations, previous written statements, whether a witness can be compelled to answer, and the Court's control over improper questions.
- Section 143 - Order of examinations
- Section 148 - Cross-examination as to previous statements in writing
- Section 150 - When witness to be compelled to answer
Practical Effect of Section 149
The provision preserves the traditional function of cross-examination as a method for testing the truth and reliability of testimony while placing an express statutory limit on sexual-history questioning in the specified prosecutions. Advocates should therefore distinguish between questions genuinely directed to credibility and questions barred by the proviso or by other statutory controls on improper cross-examination.
Official Legal Resources
For the authoritative and current statutory text, refer to the official India Code page for the Bharatiya Sakshya Adhiniyam, 2023 and the Ministry of Home Affairs - New Criminal Laws page.