Introduction

Cross-examination exists to test the truth of a witness’s testimony. Indian evidence law allows the opposing party to question a witness in a manner that exposes inconsistencies, falsehoods, bias, or lack of credibility. The law balances this right with safeguards to prevent harassment, scandal, or unfair prejudice. This balance is reflected in Section 146 of the Indian Evidence Act, 1872, and its successor provision, Section 149 of the Bharatiya Sakshya Adhiniyam, 2023. However, confusion often arises when these provisions are incorrectly compared with Section 140 BSA, which serves a very different function.

What Does Section 146 of the Indian Evidence Act Allow?

Section 146 of the Indian Evidence Act defines the scope of lawful questions during cross-examination. It permits questions that test the veracity of the witness. It allows inquiries that help identify the witness and reveal their social or professional position. It also authorises questions intended to shake the witness’s credit by attacking their character.

This power is intentionally broad. The law recognises that credibility cannot be assessed without probing uncomfortable areas. A witness may appear truthful on the surface but reveal unreliability when confronted with prior conduct, motives, or contradictions. Section 146 empowers the cross-examiner to expose these weaknesses, even if the answers may damage the witness’s reputation.

At the same time, Section 146 does not operate in isolation. Courts regulate misuse through Sections 147 to 152 of the Evidence Act. These provisions allow judges to disallow indecent, vexatious, or irrelevant questions. The result is controlled aggression. The cross-examiner may press hard, but not unfairly.

How Has Section 146 Been Replaced Under the Bharatiya Sakshya Adhiniyam?

The Bharatiya Sakshya Adhiniyam, 2023, repeals the Indian Evidence Act and reorganises its provisions. Section 146 of the IEA now corresponds directly to Section 149 of the BSA. The substance remains the same. The structure is modernised.

Section 149 of the BSA again permits questions in cross-examination to test veracity, discover identity and position in life, and shake the witness’s credit by injuring character. The only visible changes are formal. The clauses are labelled alphabetically instead of numerically. References to the Indian Penal Code are replaced with references to the Bharatiya Nyaya Sanhita.

In effect, Section 149 BSA is a continuation of Section 146 IEA. There is no dilution of cross-examination rights. Courts continue to apply the same principles developed under decades of judicial interpretation.

Why Is Section 140 of the BSA Often Misunderstood?

Section 140 of the Bharatiya Sakshya Adhiniyam serves a completely different purpose. It corresponds to Section 145 of the Indian Evidence Act. It does not define general powers of cross-examination. It deals specifically with witnesses who testify about the character of a party.

When a witness gives evidence regarding the character of a party during examination-in-chief, the opposing party gains the right to cross-examine that witness on the same issue. This provision ensures fairness. If character evidence is introduced, it must be open to scrutiny.

However, Section 140 does not expand the general scope of cross-examination. It does not permit character attacks unless character evidence has already been led. It operates in a narrow and conditional field.

How Is Section 140 BSA Different From Section 149 BSA?

The difference lies in scope and application. Section 149 BSA governs cross-examination of any witness on credibility, identity, and character. It applies universally. Section 140 BSA applies only when character evidence is given in examination-in-chief.

Under Section 140, the cross-examiner cannot roam freely into unrelated areas. The questioning must relate directly to the character evidence already placed on record. This restriction prevents trials from turning into character assassinations unless character is genuinely in issue.

In contrast, Section 149 allows broader questioning, subject to judicial control. It reflects the adversarial nature of criminal and civil trials.

Does Cross-Examination Allow Questions That Incriminate the Witness?

Indian evidence law recognises that cross-examination may expose witnesses to uncomfortable truths. However, irrelevant self-incrimination is not encouraged. Courts exercise discretion to protect witnesses from unnecessary exposure, especially where the answer does not advance the cause of justice.

Under both the IEA and the BSA, judges act as gatekeepers. They ensure that questions remain relevant to credibility and truth-finding rather than humiliation or coercion.

Conclusion

Cross-examination is often described as the greatest legal engine ever invented for the discovery of truth. Sections 146 IEA and 149 BSA embody this philosophy. They ensure that testimony is not accepted at face value. They allow courts to assess demeanor, consistency, and motive.

Section 140 BSA complements this framework by regulating character evidence. It ensures that once character is introduced, it is tested, but not exploited. Together, these provisions protect both the integrity of the trial and the dignity of witnesses.