Section 149 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 149 — Questions Lawful in Cross-Examination
Text (Simplified for Understanding)
When a witness is being cross-examined in a court proceeding, the witness may be asked any questions that tend to:
Test the witness’s truthfulness – to check whether the witness is telling the truth.
Discover the witness’s identity or position in life – for example, their occupation, social or economic status, or relationship with the parties.
Attack the witness’s credibility or character – even if the answer might:
expose the witness to a penalty or punishment, or
show that the witness may have committed a crime.
Important Exception:
In cases involving sexual offences (where consent is an issue), questions that try to prove the victim’s past sexual behavior or general character cannot be asked to suggest anything about consent.
Meaning in Simple Words
Section 149 allows lawyers to ask wide-ranging questions to test a witness’s honesty and reliability, including questions that might reveal:
past lies or criminal acts,
biases or relationships that affect credibility,
social or financial background that might influence their testimony.
The law is clear that even self-incriminating questions are allowed if their purpose is to assess credibility. However, questions meant to humiliate or unfairly prejudice victims (like in sexual offence cases) are not allowed.
Key Points
Scope of Cross-Examination:
Questions can go beyond just the facts of the case—they can cover character, credibility, past conduct, and possible motives.
Self-Incrimination:
A witness may be asked questions that could expose them to legal trouble. The law prioritizes truth-finding over protecting the witness from embarrassment, except in certain sensitive cases.
Limits in Sensitive Cases:
Questions about sexual history or general immoral character of a victim are prohibited when used to suggest consent.
Courts can still prevent abusive or irrelevant questions.
Purpose:
The goal is not to punish the witness, but to determine how reliable their testimony is.
It strengthens the process of fair trial and cross-examination.
Illustrative Example
Suppose a witness testifies in a theft case:
The defence can ask:
“Did you ever lie in a previous court case?” (tests truthfulness)
“What is your job and income?” (tests potential bias)
“Have you ever been convicted of fraud?” (tests credibility)
If the case involved a sexual offence, the lawyer cannot ask:
“Has the victim had sexual relations before?”
“Does the victim have a reputation for promiscuity?”
This ensures witness reliability is tested without violating victim dignity.
Difference from Old Law
Under the previous Indian Evidence Act, similar provisions existed but were less explicit about self-incrimination and victim protection. Section 149 clarifies:
Questions that might incriminate the witness are allowed if they test credibility.
Victims of sexual offences are specifically protected from irrelevant attacks on character.
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