Section 149 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 149 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 governs the scope of questions permissible during the cross-examination of a witness in legal proceedings.(vidhiadda.com)
📜 Text of Section 149
Section 149 – Questions lawful in cross-examination(kanoongpt.in)
When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend—
(a) to test his veracity; or
(b) to discover who he is and what is his position in life; or
(c) 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 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 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.(vidhiadda.com, jurisquest.com, aaptaxlaw.com)
⚖️ Legal Significance
Scope of Cross-Examination: Section 149 outlines the permissible scope of questions during cross-examination, allowing inquiries that test the witness's truthfulness, ascertain their identity and social standing, or challenge their credibility by questioning their character.(kanoongpt.in)
Protection in Sensitive Cases: The proviso specifically safeguards victims in cases involving sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023, by prohibiting the introduction of evidence or questions about the victim's general immoral character or past sexual experiences when consent is a contested issue.(kanoongpt.in)
🧾 Practical Application
Testing Veracity: A witness may be asked about prior inconsistent statements or past convictions to assess their reliability.
Assessing Identity and Status: Questions may be posed to determine the witness's background, occupation, or relationship to the parties involved.(kanoongpt.in)
Challenging Credibility: Inquiries can be made into the witness's character, such as past dishonest behavior, to evaluate their trustworthiness.
Sensitive Cases: In sexual offense cases, the law protects victims from invasive questioning about their sexual history or character, focusing the inquiry on relevant aspects of consent.
🧭 Summary
Purpose: To define the boundaries of permissible questioning during cross-examination, ensuring fairness while allowing for thorough scrutiny of a witness's testimony.
Scope: Encompasses questions that test the truthfulness, identity, and character of the witness, with specific protections in cases involving consent issues.
Limitations: Restricts certain lines of questioning in sensitive cases to protect the dignity and rights of victims.
Section 149 of the BSA, 2023, balances the need for effective cross-examination with the protection of individual rights, particularly in sensitive legal matters.
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