146Questions lawful in cross-examination
When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend --
(1) to test his veracity,
(2) to discover who he is and what is his position in life, or
(3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture:
1[Provided that in a prosecution for an offence under section 376, 2[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent.]
Download our fully-offline, High speed android app.- Click here
1. Subs. by Act 13 of 2013, s. 28, for the proviso (w.e.f. 3-2-2013).
2. Subs. by Act 22 of 2018, s. 9, for section 376A, section 376B, section 376C, section 376D (w.e.f. 21-4-2018).
- 135 Order of production and examination of witnesses
- 136 Judge to decide as to admissibility of evidence
- 137 Examination-in-chief
- 138 Order of examinations
- 139 Cross-examination of person called to produce a document
- 140 Witnesses to character
- 141 Leading questions
- 142 When they must not be asked
- 143 When they may be asked
- 144 Evidence as to matters in writing
- 145 Cross-examination as to previous statements in writing
- 146 Questions lawful in cross-examination
- 147 When witness to be compelled to answer
- 148 Court to decide when question shall be asked and when witness compelled to answer
- 149 Question not to be asked without reasonable grounds
- 150 Procedure of Court in case of question being asked without reasonable grounds
- 151 Indecent and scandalous questions
- 152 Questions intended to insult or annoy
- 153 Exclusion of evidence to contradict answers to questions testing veracity
- 154 Question by party to his own witness
- 155 Impeaching credit of witness
- 156 Questions tending to corroborate evidence of relevant fact, admissible
- 157 Former statements of witness may be proved to corroborate later testimony as to same fact
- 158 What matters may be proved in connection with proved statement relevant under section 32 or 33
- 159 Refreshing memory
- 160 Testimony to facts stated in document mentioned in section159
- 161 Right of adverse party as to writing used to refresh memory
- 162 Production of documents
- 163 Giving, as evidence, of document called for and produced on notice
- 164 Using, as evidence, of document production of which was refused on notice
- 165 Judge’s power to put questions or order production
- 166 Power of jury or assessors to put questions