Section 148 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) pertains to the cross-examination of witnesses regarding their previous written statements. This provision is crucial in legal proceedings to assess the consistency and credibility of a witness's testimony.
📄 Text of Section 148
"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."(aaptaxlaw.com)
🧾 Explanation
Section 148 allows the opposing party to cross-examine a witness about statements they have made previously in writing, provided these statements are relevant to the matters being questioned. Importantly, the written statements do not need to be shown to the witness or formally proved at this stage.
However, if the intention is to use the written statement to contradict the witness's oral testimony, the following procedure must be followed:
Prior Attention: Before the written statement can be introduced as evidence to contradict the witness, the specific parts of the statement that are intended to be used must be pointed out to the witness.(vidhiadda.com)
Opportunity to Explain: The witness should be given an opportunity to explain or clarify the discrepancies between their oral testimony and the written statement.
This process ensures fairness by allowing the witness to address any contradictions and helps maintain the integrity of the legal proceedings.
⚖️ Legal Implications
Ensuring Fairness: By requiring that a witness's attention be drawn to specific parts of a written statement before it is used to contradict their testimony, Section 148 upholds the principles of natural justice and fairness in legal proceedings.(vidhiadda.com)
Assessing Credibility: This provision enables the court to assess the credibility of a witness by examining any inconsistencies between their oral testimony and previous written statements.
Preventing Ambush: The requirement to point out the specific parts of the written statement before introducing them prevents surprise tactics and ensures that the witness is not ambushed with new information during cross-examination.
🧭 Summary
Section 148 of the Bharatiya Sakshya Adhiniyam, 2023, provides a framework for cross-examining witnesses about their previous written statements. It allows for the introduction of these statements to challenge the witness's testimony, provided that the witness is first made aware of the specific parts intended for use. This ensures a fair opportunity for the witness to explain any discrepancies, thereby maintaining the integrity and fairness of the legal process.
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