Section 145 IEA: Cross-examination as to previous statements in writing
Indian Evidence Act, 1872
Section 145 IEA at a Glance
Section 145 IEA deals with cross-examination as to previous statements in writing. From 1 July 2024 it is replaced by Section 148 BSA.
Section 145 IEA Bare Act Text
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.
Source: Section 145, Indian Evidence Act, 1872
Section 145 IEA in Simple Words
Section 145 of the Indian Evidence Act, 1872 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 writing).
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. At this stage of questioning, the opposing side does not have to show the writing to the witness or prove the writing.
A stricter rule applies if the opposing side intends to use the writing to contradict the witness. Before that document can be proved in court for that purpose, the attention of the witness must be directed to the specific parts of the document that will be used to contradict the witness.
When Section 145 IEA 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 145 IEA
When Section 145 IEA 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 145 IEA in the BSA
Section 145 IEA is now covered under Section 148 BSA.
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.
View detailed comparison (IEA 145 vs BSA 148) →FAQs on Section 145 IEA
What is Section 145 IEA?▼
Section 145 of the Indian Evidence Act, 1872 governs how a witness may be cross-examined about earlier 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 to be used to contradict the witness, the attention of the witness must be called to the relevant parts before the document can be proved.
Must a lawyer show an earlier written statement to a witness just to ask questions about it in cross-examination?▼
No. Under Section 145 IEA, 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 145 IEA cover spoken statements that were written down later?▼
Yes. Section 145 IEA applies both to previous statements made by the witness in writing and to statements that were reduced into writing, provided they are relevant to the matters in question.
What must be done before an earlier written statement is proved to contradict a witness?▼
Before the document can be proved to contradict the witness, Section 145 IEA requires that the attention of the witness be called to the specific parts of the writing that will be used for the contradiction.
What is Section 145 IEA in BSA?▼
Section 148 BSA replaced Section 145 IEA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·