When a witness is cross-examined, he may, in addition to the questions herein-before referred to, be asked any questions which tend— to lest his veracity. to discover who he is and what is his position in life, or 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 376, section 376A, section1 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860) 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. 1 Criminal Law (Amendment) Act, 2018
Indian Evidence Act, 1872
Section 146
Questions lawful in cross-examination
⚡ Quick Answer Reference: Section 146 IEA
- Provision: Section 146 of IEA
- Act: Indian Evidence Act, 1872
- Classification: evidence
- Jurisdiction: India
- Summary: This section allows cross-examination of a witness to test their veracity, discover their identity, and shake their credit by questioning their character, even if it might expose them to a penalty.
What does Section 146 of IEA say?
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What does Section 146 of IEA mean?
Plain English Explanation
This section allows cross-examination of a witness to test their veracity, discover their identity, and shake their credit by questioning their character, even if it might expose them to a penalty.
Practical Interpretation
In practice, this section enables the cross-examination of a witness to challenge their credibility and reliability, which is crucial in determining the truth in legal proceedings.
Core Legal Purpose
The core purpose of this section is to ensure that the credibility of a witness is thoroughly examined to prevent false or misleading testimony, thereby upholding the integrity of the legal process.
- •The witness must be cross-examined
- •The questions must tend to test the witness's veracity or discover their identity
- •The key legal test is whether the questions are relevant to the witness's credibility
- •The key exception is that in certain prosecutions, evidence of the victim's general immoral character or previous sexual experience cannot be adduced
Practical Example of Section 146 IEA
For instance, in a case where Rajesh is accused of theft, the prosecution may cross-examine Rajesh's witness, Priya, to test her veracity by asking questions about her past convictions or her relationship with Rajesh. However, in a prosecution for sexual assault, the court may not allow questions about the victim's previous sexual experience.
Frequently Asked Questions about Section 146 IEA
Q: What is the punishment or consequence under Section 146 of IEA?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to witnesses in legal proceedings, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section is not related to a specific offence, but rather a procedural provision for cross-examination.
Common Questions about Section 146 IEA
What is Section 146 of IEA?
Section 146 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Questions lawful in cross-examination". In plain terms: This section allows cross-examination of a witness to test their veracity, discover their identity, and shake their credit by questioning their character, even if it might expose them to a penalty.
What are the elements of Section 146 of IEA?
The essential elements of Section 146 of IEA are: The witness must be cross-examined; The questions must tend to test the witness's veracity or discover their identity; The key legal test is whether the questions are relevant to the witness's credibility.
Landmark Judgments under Section 146 IEA
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 146
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