IEA 146→BSA 149

IEA 146 to BSA 149: Questions lawful in cross-examination

Section 146 IEA (1872) replaced by Section 149 BSA (2023)

View IEA Section 146 →View BSA Section 149 →

IEA 146 to BSA 149 at a Glance

Section 146 IEA (Questions lawful in cross-examination) is now Section 149 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 146 to BSA 149?

Section 146 of the Indian Evidence Act, 1872 became Section 149 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The IPC sections listed were replaced by BNS sections 64 to 71. That list also takes in BNS section 69 (sexual intercourse by deceitful means), which has no IPC counterpart. Clauses are now lettered (a) to (c).

IEA 146 vs BSA 149: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section146149
HeadingQuestions lawful in cross-examinationSame
Sub-sections3 sub-sectionsNone

IEA 146 and BSA 149: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 146, IEA 1872

146. Questions lawful in cross-examination.—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.
BSA 2023 (in force)

Section 149, BSA 2023

149. Questions lawful in cross-examination.—When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend— (a) to test his veracity; or (b) to discover who he is and what is his position in life; or (c) 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 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 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.

When It Applies: IEA 146 vs BSA 149

Under IEA 146
  1. Applies when a witness is being cross-examined in court, in addition to other questions referred to earlier in the Act.
  2. Allows questions that tend to test the veracity (truthfulness) of the witness.
  3. Allows questions that tend to find out who the witness is and the position in life of the witness.
  4. Allows questions that tend to shake the credit of the witness by harming character, even if answering might directly or indirectly criminate the witness or expose the witness to a penalty or a forfeiture.
Under BSA 149
  1. Applies when a witness is cross-examined in court, in addition to other questions referred to earlier in the Adhiniyam.
  2. Under clause (a), allows questions that tend to test the veracity (truthfulness) of the witness.
  3. Under clause (b), allows questions that tend to find out who the witness is and the position in life of the witness.
  4. Under clause (c), allows questions that tend to shake the credit of the witness by harming character, even if answering might directly or indirectly criminate the witness or expose the witness to a penalty or a forfeiture.

What IEA 146 to BSA 149 Means in Practice

Section 146 IEA became Section 149 BSA on 1 July 2024, with clauses (1) to (3) re-lettered as (a) to (c). In the proviso barring character and past sexual experience questions or evidence to prove consent, the listed Indian Penal Code sections were replaced by Bharatiya Nyaya Sanhita, 2023 Sections 64 to 71. That list also includes Section 69 of the Bharatiya Nyaya Sanhita, 2023 (sexual intercourse by deceitful means), which had no counterpart in the Indian Penal Code.

FAQs: IEA 146 to BSA 149

Did Section 149 BSA expand the list of offences where cross-examination on past sexual experience is barred?▼

Yes. By replacing the earlier Indian Penal Code references with Bharatiya Nyaya Sanhita, 2023 Sections 64 to 71, the proviso in Section 149 BSA also covers Section 69 (sexual intercourse by deceitful means), which had no counterpart in the Indian Penal Code.

Did the rules on what questions are allowed in cross-examination change between Section 146 IEA and Section 149 BSA?▼

No. The rules allowing questions to test veracity, discover identity and position in life, or shake credit by harming character remain the same, with clauses (1) to (3) re-lettered as clauses (a) to (c).

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 ·