What Is BSA Section 148?

Bhartiya Sakshya Adhiniyam, 2023 - Section 148: Crossexamination as to previous statements in writing

• 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.
• 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.

Brefe Detail

Section 148 of the Bhartiya Sakshya Adhiniyam, 2023 allows for the cross-examination of witnesses regarding previous written statements relevant to the case. The writing does not need to be shown or proved initially. However, if the cross-examiner intends to contradict the witness using the writing, the witness must be alerted to the specific parts before the writing is formally introduced.

Question & Answers

What does Section 148 allow regarding witnesses?

Section 148 allows a witness to be cross-examined about previous statements made in writing that are relevant to the case.

Is it necessary to show the writing to the witness during cross-examination?

No, the writing does not need to be shown or proved initially.

What must happen if the intention is to contradict the witness?

If the intention is to contradict the witness, their attention must be drawn to the specific parts of the writing that will be used for that purpose before the writing is proved.

Can a witness be cross-examined about oral statements?

No, Section 148 specifically pertains to statements made in writing.

Example

A witness previously stated in a written document that they were at a specific location during an incident. During cross-examination, the lawyer can ask about this statement without showing the document initially. However, if the lawyer intends to argue that the witness was not truthful about their location, they must first direct the witness's attention to that statement in the document before proving it.

Summary

Section 148 of the Bhartiya Sakshya Adhiniyam, 2023 provides the framework for cross-examining witnesses about their prior written statements relevant to a case. While the initial cross-examination can occur without showing the writing, specific procedures must be followed if the cross-examiner intends to use the writing to contradict the witness.