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

Bharatiya Sakshya Adhiniyam, 2023

Section 148 BSA at a Glance

Section 148 BSA deals with cross-examination as to previous statements in writing. It replaced Section 145 IEA on 1 July 2024.

Was IEA

Section 145 →

Section 148 BSA Bare Act Text

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.

Source: Section 148, Bharatiya Sakshya Adhiniyam, 2023

Section 148 BSA in Simple Words

Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 sets the rule for questioning a witness during cross-examination (questioning by the opposing side in court) about earlier written statements made by that witness. It allows questioning without first showing the document to the witness, unless the document is going to be proved to contradict the witness (show that the testimony in court conflicts with the earlier statement).

When a witness made a previous statement in writing, or made a statement that was reduced into writing (spoken and then written down), the witness may be cross-examined on it if it is relevant to the matters in dispute. During mere questioning, the opposing side does not have to show the writing to the witness or prove the document.

A stricter requirement applies when the opposing side intends to contradict the witness by using the writing. Before that document can be proved in court, the attention of the witness must be directed to the specific parts of the writing that will be used to contradict the witness.

When Section 148 BSA Applies

  • 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.

Example of Section 148 BSA

In 2025, during a trial in Lucknow, Farhan testifies about a road collision after having earlier given a statement reduced into writing about that road collision. Under Section 148 BSA, the opposing counsel cross-examines Farhan on the earlier statement without first showing the document to the witness. Farhan denies having stated that the traffic signal was red at the time of the road collision. Before the opposing side can prove the written statement to contradict Farhan, counsel must call the attention of the witness to the specific passage about the road collision.

When Section 148 BSA Does Not Apply

  • A party cannot prove an earlier written statement to contradict a witness unless the attention of the witness is first called to the parts of the writing that will be used for the contradiction.

Section 148 BSA in the IEA (Previous Law)

Section 148 BSA replaces Section 145 IEA from the old criminal code.

Section 145 of the Indian Evidence Act, 1872 became Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 148 BSA

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.

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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 ·