Code: Section 145 BSA
Witnesses to character may be cross-examined and re-examined.
Explanation of Section 145 BSA
Section 145 of the Bharatiya Sakshya Adhiniyam deals with the examination of character witnesses in a legal proceeding. A character witness is someone who testifies about the general character, reputation, or conduct of a person involved in the case, typically the accused.
This section permits both cross-examination and re-examination of character witnesses:
- Cross-examination: The opposing party is allowed to question the credibility, knowledge, and possible bias of the character witness.
- Re-examination: The party who called the witness can clarify statements made during cross-examination to mitigate any confusion or harm caused.
This ensures that testimony regarding character is properly scrutinized and weighed fairly during trial.
Illustration
Example 1: Defense Presents a Character Witness
In a criminal trial, the defense calls a neighbor to testify that the accused has always been a law-abiding and peaceful individual. The prosecution is allowed to cross-examine the neighbor to test the basis and reliability of that opinion.
Example 2: Clarifying on Re-Examination
After being cross-examined on past incidents that contradict the accused’s good character, the defense re-examines the witness to clarify the context or rebut the points raised during cross-examination.
Common Questions and Answers on Section 145 BSA
- What is a character witness? A character witness testifies about the general reputation or personal qualities of a party, especially the accused in a criminal trial.
- Can a character witness be cross-examined like any other witness? Yes. As per Section 145, character witnesses can be cross-examined to test their credibility, knowledge, and neutrality.
- Is re-examination of a character witness also allowed? Yes, the party who called the character witness may re-examine them to clarify points brought up during cross-examination.
- Why is cross-examination important for character witnesses? Character testimony can influence sentencing or judgment. Cross-examination ensures such testimony is reliable and not misleading.
Conclusion
Section 145 of the Bharatiya Sakshya Adhiniyam ensures that character evidence presented in court is properly tested through cross-examination and re-examination. This provision upholds the fairness of the judicial process by allowing both parties to challenge or defend the credibility of character witnesses.
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