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Indian Evidence Act, 1872 · Chapter X: Of the Examination of Witnesses

Section 146: Questions lawful in cross-examination

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BSA section 149 (Questions lawful in cross examination)

In plain words

In cross-examination, a witness can be asked questions to test their truthfulness, to find out who they are and their position in life, or to shake their credit by attacking their character, even if the answer might incriminate them.

  • In prosecutions for rape and related offences where consent is in issue, the victim cannot be questioned, nor evidence given, about her general immoral character or previous sexual experience to prove consent.

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.

Official text

When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend––

(1) to test his veracity,

(2) to discover who he is and what is his position in life, or

(3) 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 376, [section 376A, section 376AB section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E of the Indian Penal Code (45 of 1860) 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.]

State amendments to this section

Arunachal Pradesh Amendment of section 146.—In the proviso to section 146 of the principal act, for the words, figures and letters “section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code” the words, figures and letters “section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA or section 376E of the Indian Penal Code” shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 25]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. 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.

Supreme Court judgments citing the section 146