Section 148 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023

11 Jun 2025 --
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Section 148 – Cross-examination as to Previous Statements in Writing

Text (Simplified)

A witness may be cross-examined about any statement they have previously made in writing or that has been reduced to writing, if it is relevant to the matters in question.

The witness can be questioned even if the writing is not shown to them or formally proved in court.

However, if the party wants to use the written statement to contradict the witness, the witness must first be made aware of the exact parts of the writing that will be used. Only after that can the document be proved and used in evidence.

Plain Explanation

This section deals with situations where a witness previously made a statement in writing (for example, to the police, during investigation, or in affidavits).

During cross-examination, the opposing party can question the witness about their previous written statement even before producing the written document in court.

If the goal is to show that the witness is contradicting themselves, the witness must first be shown the specific portions of the writing that contradict their oral testimony.

This ensures the witness gets a fair chance to respond, maintaining the principle of natural justice.

Key Features

Feature	Explanation
Purpose	To test the credibility of a witness by comparing oral testimony with previous written statements.
Cross-examination allowed	Even if the writing is not shown or proved.
Contradiction condition	Must call the witness’s attention to specific parts before proving it as evidence.
Fairness	Prevents “ambush” by opposing party and ensures witness has a chance to explain discrepancies.
Relation to old law	Similar to Section 145 of the Indian Evidence Act, 1872.

Example

Suppose in a criminal case:

A witness gave a written statement to the police saying they saw the accused at the crime scene.

In court, the witness now says they did not see the accused.

Under Section 148:

The defence can ask the witness questions about their previous written statement, even before showing it.

If the defence wants to introduce the written statement to prove contradiction, they must first highlight the exact parts to the witness. Only then can the writing be used as evidence.

This ensures the witness is not surprised and can explain any discrepancies.