Section 140 IEA: Witnesses to character

Indian Evidence Act, 1872

Section 140 IEA at a Glance

Section 140 IEA deals with witnesses to character. From 1 July 2024 it is replaced by Section 145 BSA.

Now BSA

Section 145 →

Section 140 IEA Bare Act Text

140. Witnesses to character

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

Source: Section 140, Indian Evidence Act, 1872

Section 140 IEA in Simple Words

Section 140 of the Indian Evidence Act, 1872 dealt with witnesses to character (witnesses called to speak about the character of a person). It allowed those witnesses to be cross-examined (questioned by the opposing side) and re-examined (questioned again by the side that called the witness).

Under the Act, calling a witness to give evidence on character did not shield that witness from questioning by the other party. Both cross-examination and re-examination were permitted for a character witness. Because the section used the word may, either step was optional and not compulsory.

When Section 140 IEA 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 140 IEA

In 2022, during a trial in Pune, Ramesh called Anita as a witness to character. After the initial testimony on character, the opposing lawyer asked to cross-examine Anita. Under Section 140 IEA, the court allowed the cross-examination of Anita as a witness to character, followed by re-examination by the lawyer for Ramesh.

Section 140 IEA in the BSA

Section 140 IEA is now covered under Section 145 BSA.

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.

View detailed comparison (IEA 140 vs BSA 145) →

FAQs on Section 140 IEA

What is Section 140 IEA?▼

Section 140 of the Indian Evidence Act, 1872 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 140 IEA?▼

Yes. Section 140 IEA 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 140 IEA?▼

No. Section 140 IEA uses the word may, which means cross-examination and re-examination of witnesses to character are permitted but not mandatory.

What is Section 140 IEA in BSA?▼

Section 145 BSA. 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, Indian Evidence Act, 1872 ·