Indian evidence law | Updated October 2026

Section 146 Evidence Act: Questions Lawful in Cross-Examination

Section 146 of the Indian Evidence Act, 1872 explained which questions may be put to a witness during cross-examination. Its corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 149, applicable under the new evidence law from 1 July 2024, subject to statutory savings for pending proceedings.

Current legal position: Section 149 BSA permits questions testing truthfulness, establishing the witness's identity or position in life, and challenging credibility, subject to judicial control and express safeguards for victims of specified sexual offences. The former Section 146 remains relevant where the repealed law continues to apply under the saving provisions.

Section 149 BSA, 2023: Meaning and Scope

The expression cross-examination means questioning a witness by the adverse party. Veracity means truthfulness; credit means the reliability or credibility of a witness. Section 149 permits questions directed to three purposes:

Testing veracity: examining whether the witness's account is accurate, consistent and trustworthy.
Discovering identity and position in life: establishing the witness's identity, background, occupation, relationships or circumstances insofar as proper for evaluating testimony.
Shaking credit: challenging credibility through legally permissible questions, even where an answer may tend to incriminate the witness or expose the witness to a penalty or forfeiture. This does not override other statutory protections.

Special Protection in Sexual Offence Cases

The proviso to Section 149 prohibits using evidence or cross-examination about a victim's general immoral character or previous sexual experience with any person to prove consent or the quality of consent where consent is in issue in prosecutions under Sections 64, 65, 66, 67, 68, 69, 70 or 71 of the Bharatiya Nyaya Sanhita, 2023, or attempts to commit those offences.

The protection rejects the inference that previous sexual conduct establishes consent to the act under trial. It does not prevent lawful questions about genuinely relevant circumstances, subject to the court's control and other protections.

Historical Provision: Section 146, Indian Evidence Act, 1872

Under the former Section 146, a witness could be asked questions tending:

to test 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 might tend directly or indirectly to criminate him or expose him to a penalty or forfeiture.

The proviso restricted evidence or questions about a victim's general immoral character or previous sexual experience to prove consent or its quality in prosecutions for specified offences under IPC Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E, or attempts, where consent was in issue.

The proviso was substituted by Act 13 of 2013, effective 3 February 2013, and amended by Act 22 of 2018, effective 21 April 2018. The BSA carries forward the substance of the protection with references to the new BNS provisions.

Limits on Cross-Examination

Section 149 does not grant an unrestricted right to intimidate or humiliate a witness. Related provisions address whether certain questions must be answered, the court's discretion over questions affecting credibility, reasonable grounds for imputations, and indecent, scandalous, insulting or annoying questions. Courts must apply these provisions together with applicable procedural and constitutional safeguards.

Practical Illustrations

Testing reliability

A witness who claims to have observed an incident may be questioned about visibility, distance, timing, previous inconsistent accounts and opportunity to observe.

Testing possible bias

Questions about a witness's relevant relationship with a party or interest in the outcome may assist the court in evaluating credibility.

Impermissible consent inference

In a prosecution covered by the Section 149 proviso, the defence cannot rely on the victim's earlier sexual experience with another person as proof that the victim consented to the alleged act.

Frequently Asked Questions

What replaced Section 146 of the Evidence Act?

Section 149 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding provision on questions lawful in cross-examination.

Can cross-examination challenge a witness's credibility?

Yes. Questions may test truthfulness, identity, position in life and credibility, but remain subject to legal restrictions and court supervision.

Can a victim's previous sexual history be used to prove consent?

No. In prosecutions covered by the statutory proviso, previous sexual experience or general immoral character cannot be used to prove consent or its quality where consent is in issue.

Official Legal Sources

This article provides general legal information. The applicable law and saving provisions should be checked against the date and procedural status of the particular proceeding.