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Section 149 - The Bharatiya Sakshya Adhiniyam, 2023
149. Questions 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-
(a) to test his veracity; or
(b) to discover who he is and what is his position in life; or
(c) 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:
Provided that in a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 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.
Related Sections
- Section Schedule: Certificate
- Section 156: Exclusion of evidence to contradict answers to questions testing veracity
- Section 5: Facts which are occasion, cause or effect of facts in issue or relevant facts
- Section 112: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- Section 141: Judge to decide as to admissibility of evidence
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