What Is BSA Section 149?

Bhartiya Sakshya Adhiniyam, 2023 - Section 149: Questions lawful in crossexamination

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.

Brefe Detail

Section 149 of the Bhartiya Sakshya Adhiniyam, 2023 outlines the types of questions that may be asked during the cross-examination of a witness. This includes questions aimed at testing the witness's truthfulness, understanding their identity and life position, or damaging their credibility. However, in cases involving consent, particularly regarding certain offenses under the Bharatiya Nyaya Sanhita, it is prohibited to question the victim about their character or previous sexual experiences to establish consent.

Question & Answers

What types of questions can be asked during a witness's cross-examination?

Questions may include those that test the witness's veracity, discover their identity and position in life, or attempt to shake their credibility.

Can a witness be asked questions that may incriminate them?

Yes, questions that could potentially incriminate the witness or expose them to penalties can be asked.

Are there any restrictions on questioning victims in consent-related cases?

Yes, in cases under specific sections of the Bharatiya Nyaya Sanhita, it is not permissible to question the victim about their general immoral character or previous sexual experiences to prove consent.

What sections of the Bharatiya Nyaya Sanhita are mentioned in this context?

The sections mentioned include 64, 65, 66, 67, 68, 69, 70, and 71.

Example

During a cross-examination, a lawyer might ask a witness questions like:

• What were you doing at the time of the incident? (to discover their position)
• Have you ever been accused of dishonesty? (to test veracity)
• Is it true that you have a history of misconduct? (to shake their credit).

In a case involving consent, the defense cannot ask the victim, How many sexual partners have you had? to establish the quality of consent.

Summary

Section 149 of the Bhartiya Sakshya Adhiniyam, 2023 delineates the lawful scope of questions during a witness's cross-examination, emphasizing the balance between testing credibility and protecting the rights of victims in consent-related cases. While witnesses can be questioned on various aspects, specific protections are in place to prevent character attacks on victims in sensitive situations.