Bharatiya Sakshya Adhiniyam, 2023

BSA Section 149

Questions lawful in cross examination

In one line

BSA Section 149 deals with questions lawful in cross examination and replaces Evidence Act 146.

Bare act text — BSA 149

149. Questions lawful in cross examination.

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.

What changed from the Evidence Act

  • Evidence Act 146 → BSA 149: Numbers (1), (2) and (3) are replaced by (a), (b) and (c ).
  • Evidence Act 146 → BSA 149: IPC sections are replaced by corresponding BNS sections.

Frequently asked

What was BSA Section 149 in the Evidence Act?

BSA Section 149 (Questions lawful in cross examination) replaces Section 146 of the Indian Evidence Act, 1872. Evidence Act 146 is now BSA 149.

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