Bharatiya Sakshya Adhiniyam, 2023 · Chapter X: Of Examination of Witnesses
Section 148: Cross examination as to previous statements in writing
In plain words
A witness can be cross-examined about their earlier written statements on relevant matters without being shown them. But to contradict the witness with the writing, their attention must first be drawn to the parts that will be used to contradict them.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
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.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 148 carries forward section 145 of the Indian Evidence Act: cross-examination on previous written statements and the procedure for contradicting a witness with them.
Procedure
- Put the contradicting part of the earlier statement to the witness.
- If admitted, the contradiction is on record.
- If denied, mark the passage and later prove it through the person who recorded it.
Key Supreme Court rulings
The State of Madhya Pradesh v. Balveer Singh 2025 INSC 261
Decided under the Evidence Act. The witness "must be first confronted with that part of its previous statement that omits or contradicts the improvisation".
Common mistakes
- Using an earlier statement without first confronting the witness.
Read with: Section 181 BNSS, Section 145 Evidence Act
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 148
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Raj Kumar @ Bheema v. State of NCT of Delhi
Appellant-accused was convicted for the offence punishable u/s.302 IPC. The High Court further affirmed the order on sentence dated 20.02.2021, whereby the accused-appellant was sentenced to undergo imprisonment for…