Section 140 Evidence Act: Witnesses to Character and Section 145 BSA
A character witness may be questioned by the opposing party and then questioned again by the party who called the witness. This rule, formerly found in Section 140 of the Indian Evidence Act, 1872, is now contained in Section 145 of the Bharatiya Sakshya Adhiniyam, 2023.
Section 140 of the Indian Evidence Act, 1872
The former provision was headed "Witnesses to character" and stated:
Witnesses to character may be cross-examined and re-examined.
Section 145 of the Bharatiya Sakshya Adhiniyam, 2023
The current corresponding provision, also headed "Witnesses to character", states:
Witnesses to character may be cross-examined and re-examined.
The statutory wording is unchanged. Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).
What is a witness to character?
A character witness is a person called to give admissible evidence about another person's character or reputation, where that subject is relevant under the governing evidence rules. Character evidence is not automatically admissible in every dispute; its relevance and permitted scope depend on the nature of the case and other statutory provisions.
Cross-examination
Cross-examination is questioning of a witness by the adverse party. Section 145 makes clear that a person who testifies about character is not exempt from such questioning. Questions remain subject to the court's control and the statutory restrictions on improper or irrelevant questioning.
Re-examination
Re-examination is further questioning by the party who called the witness, after cross-examination. Under Section 143(3) BSA, it is directed to explaining matters raised in cross-examination. If the court permits new matter in re-examination, the opposing party may further cross-examine on that matter.
| Stage | Who asks questions? | Purpose |
|---|---|---|
| Examination-in-chief | Party calling the witness | Introduce admissible testimony about character |
| Cross-examination | Adverse party | Test reliability, knowledge and credibility |
| Re-examination | Party calling the witness | Clarify matters raised during cross-examination |
How character evidence is regulated
Section 145 concerns the examination of a character witness; it does not independently make all character evidence relevant or admissible. The provisions dealing with when character is relevant must be considered separately, including Sections 46 to 50 of the BSA, as applicable to the type of proceeding.
Section 142 defines examination-in-chief, cross-examination and re-examination; Section 143 prescribes their order. Section 146 governs leading questions, while Section 149 addresses permissible questions in cross-examination, including important statutory protections in specified sexual-offence prosecutions.
Judges retain authority to exclude questions that are prohibited by law or do not meet applicable evidentiary standards. A character witness's testimony should therefore be evaluated alongside the other admissible evidence, not treated as conclusive proof of conduct.
Practical example
In a criminal case, an accused calls a neighbour to give admissible testimony about the accused's good character. During cross-examination, the prosecutor may test how well the neighbour knows the accused and the basis of the neighbour's opinion, subject to applicable restrictions. The defence may then re-examine the neighbour to clarify answers given during cross-examination.
The example illustrates the sequence of questioning; it does not mean that evidence of character establishes innocence or guilt by itself.
Frequently asked questions
What is the current equivalent of Section 140 of the Evidence Act?
Section 145 of the Bharatiya Sakshya Adhiniyam, 2023. Both provisions state that witnesses to character may be cross-examined and re-examined.
Can a character witness be cross-examined?
Yes. The adverse party may cross-examine a character witness, subject to applicable rules governing relevance and permissible questions.
Can the party calling a character witness re-examine that witness?
Yes. Re-examination ordinarily explains matters arising in cross-examination. The court's permission is required to introduce new matters under Section 143(3) BSA.
Does Section 145 allow character evidence in every case?
No. It governs examination of character witnesses; whether character evidence is relevant must be determined under the applicable provisions governing character and admissibility.
Official legal sources
Bharatiya Sakshya Adhiniyam, 2023 - Official India Code text
India Code - Central legislation database
This article provides general legal information. The applicable law may depend on the date the proceeding commenced, the issues in dispute and subsequent legislative or judicial developments.