IEA 146 — Questions lawful in cross-examination

Indian Evidence Act, 1872

Statutory text

When  a  witness  is  cross-examined,  he  may,  in addition to the questions hereinbefore referred to, be asked any questions which tend––
(1) to test his veracity,
(2) to discover who he is and what is his position in life, or
(3) 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,  section  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. As to the Application of s. 145 to police-diaries, see the Code of Criminal Procedure, 1973 (2 of 1974), s. 172.

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