Section 145 BSA: Witnesses to character

Bharatiya Sakshya Adhiniyam, 2023

Section 145 BSA at a Glance

Section 145 BSA deals with witnesses to character. It replaced Section 140 IEA on 1 July 2024.

Was IEA

Section 140 →

Section 145 BSA Bare Act Text

145. Witnesses to character

Witnesses to character may be cross-examined and re-examined.

Source: Section 145, Bharatiya Sakshya Adhiniyam, 2023

Section 145 BSA in Simple Words

Section 145 of the Bharatiya Sakshya Adhiniyam, 2023 deals with witnesses to character (witnesses called to speak about the character of a person). It allows these witnesses to be cross-examined (questioned by the opposing side) and re-examined (questioned again by the side that called the witness).

Under the Adhiniyam, calling a witness to give evidence on character does not shield that witness from questioning by the other party. Both cross-examination and re-examination are permitted for a character witness. Because the section uses the word may, either step is optional and not compulsory.

When Section 145 BSA Applies

  • A witness is called in a proceeding as a witness to character.
  • The opposing party can cross-examine that character witness.
  • The party who called the character witness can re-examine that witness.

Example of Section 145 BSA

In 2025, during a trial in Jaipur, Farhan calls Priya as a witness to character. After the initial testimony on character, the opposing lawyer asks to cross-examine Priya. Under Section 145 BSA, the court allows the cross-examination of Priya as a witness to character, followed by re-examination by the lawyer for Farhan.

Section 145 BSA in the IEA (Previous Law)

Section 145 BSA replaces Section 140 IEA from the old criminal code.

Section 140 of the Indian Evidence Act, 1872 became Section 145 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 145 BSA

What is Section 145 BSA?▼

Section 145 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule on questioning witnesses to character. It permits both cross-examination and re-examination of those witnesses.

Can the opposing side cross-examine a witness to character under Section 145 BSA?▼

Yes. Section 145 BSA permits cross-examination of witnesses to character and also allows re-examination.

Is cross-examination or re-examination of a witness to character compulsory under Section 145 BSA?▼

No. Section 145 BSA uses the word may, which means cross-examination and re-examination of witnesses to character are permitted but not mandatory.

What is Section 145 BSA in IEA?▼

Section 140 IEA. Section 140 IEA became Section 145 BSA on 1 July 2024 without any change in wording.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·