IEA 142→BSA 146(2), 146(3)

IEA 142 to BSA 146(2), 146(3): When they must not be asked

Section 142 IEA (1872) replaced by Section 146(2), 146(3) BSA (2023)

View IEA Section 142 →View BSA Section 146(2), 146(3) →

IEA 142 to BSA 146(2), 146(3) at a Glance

Section 142 IEA (When they must not be asked) is now Section 146(2), 146(3) BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 142 to BSA 146(2), 146(3)?

Section 142 of the Indian Evidence Act, 1872 became Section 146(2) and (3) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same, and it is now in two sub-sections. Sections 141, 142 and 143 of the IEA now sit together in one BSA section.

IEA 142 vs BSA 146(2), 146(3): Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section142146(2), 146(3)
HeadingWhen they must not be askedLeading questions

IEA 142 and BSA 146(2), 146(3): Bare Act Text Side by Side

IEA 1872 (repealed)

Section 142, IEA 1872

142. When they must not be asked.—Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
BSA 2023 (in force)

Section 146(2), 146(3), BSA 2023

(2) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.

When It Applies: IEA 142 vs BSA 146(2), 146(3)

Under IEA 142
  1. A party is questioning a witness during examination-in-chief or during re-examination.
  2. The adverse party raises an objection to a leading question being asked at either of those stages.
  3. The court must permit leading questions on matters that are introductory or not in dispute.
  4. The court must also permit leading questions on matters that the court considers already proved well enough.
Under BSA 146(2), 146(3)

See Section 146 BSA →

What IEA 142 to BSA 146(2), 146(3) Means in Practice

Section 142 IEA became Section 146(2) and Section 146(3) BSA from 1 July 2024, placing the provision into sub-sections of Section 146 BSA. The same rule applies without change. For matters governed by the BSA, a party should cite Section 146(2) and Section 146(3) BSA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·