What is Section 148 BSA?

Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 sets out the rule for cross-examining a witness about previous statements made in writing or reduced into writing on relevant matters. The witness may be questioned without the writing being shown or proved first. However, if the writing is intended to contradict the witness, the attention of the witness must be called to the relevant parts before the document can be proved.

Can a witness be questioned about an earlier written statement without seeing the document first?

Yes. Under Section 148 BSA, a witness may be cross-examined on a relevant previous statement in writing without the writing being shown to the witness or proved.

Does Section 148 BSA apply to an oral statement that was written down?

Yes. Section 148 BSA covers both previous statements made by the witness in writing and statements that were reduced into writing, as long as they are relevant to the matters in question.

What step is required before proving a previous written statement to contradict a witness under Section 148 BSA?

Before the document can be proved to contradict the witness, the attention of the witness must be called to the specific parts of the writing that will be used for the contradiction.

What is Section 148 BSA in IEA?

Section 145 IEA is the earlier provision that became Section 148 BSA on 1 July 2024 without any change in wording.

IEA 145 Is Now BSA 148: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	145	148
Heading	Cross-examination as to previous statements in writing	Same

IEA 145 and BSA 148: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 145, IEA 1872

145. Cross-examination as to previous statements in writing.—A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

BSA 2023 (in force)

Section 148, BSA 2023

148. Cross-examination as to previous statements in writing.—A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

When It Applies: IEA 145 vs BSA 148

Under IEA 145

A witness is being cross-examined about an earlier statement that the witness made in writing or that was reduced into writing.
The earlier written statement must be relevant to the matters in dispute in the case.
For cross-examination alone, the opposing side may question the witness without showing the writing to the witness or proving it.
If the opposing side intends to contradict the witness using the writing, the attention of the witness must be directed to the specific parts used for contradiction before the document can be proved.

Under BSA 148

A witness is being cross-examined about an earlier statement that the witness made in writing or that was reduced into writing.
The earlier written statement must be relevant to the matters in dispute in the case.
For cross-examination alone, the opposing side may question the witness without showing the writing to the witness or proving it.
If the opposing side intends to contradict the witness using the writing, the attention of the witness must be directed to the specific parts used for contradiction before the document can be proved.

What IEA 145 to BSA 148 Means in Practice

The same rule on cross-examining a witness about previous statements in writing applies without any change in wording. A party or witness should cite Section 148 BSA for matters governed by the Adhiniyam.

IEA 145 to BSA 148: Cross-examination as to previous statements in writing

IEA 145 to BSA 148 at a Glance

What Changed From IEA 145 to BSA 148?

IEA 145 vs BSA 148: Comparison Table

IEA 145 and BSA 148: Bare Act Text Side by Side

When It Applies: IEA 145 vs BSA 148

What IEA 145 to BSA 148 Means in Practice