Questions lawful in cross-examination
Section 146 of the Indian Evidence Act, 1872 deals with 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–– (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 suc The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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: [Provided that in a prosecution for an offence under section 376, section 376A, section 376B, section 376C, section 376D 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.]
Section 146, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 149 Questions lawful in cross examination Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Gian Chand vs State of Haryana
Court's Decision & Legal Precedent
Once possession of contraband articles is established in a drug trafficking case, the statutory presumptions under Sections 35 and 54 of the Narcotic Drugs and Psychotropic Substances Act, 1985 operate against the accused, presuming conscious possession and knowledge of the contraband. The burden thereupon shifts to the accused to prove that he had no knowledge or conscious possession of the contraband. The absence of independent witnesses does not render police testimony unreliable if such testimony is found to be cogent, convincing, credible and reliable upon scrutiny. The failure to examine incriminating circumstances under Section 313 of the Criminal Procedure Code does not vitiate the trial unless material prejudice to the accused is demonstrated. In cases of narcotics possession, the facts regarding how the contraband came to be in the vehicle fall within the special knowledge of the accused under Section 106 of the Indian Evidence Act, 1872.
On this section: Permits questioning of witness to test veracity and consistency of evidence
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Ganga Singh vs State of M. P
Court's Decision & Legal Precedent
The testimony of a rape victim (prosecutrix) is a competent and reliable form of evidence under Section 118 of the Indian Evidence Act requiring no mandatory corroboration in material particulars as the prosecutrix is a victim, not an accomplice. Her evidence carries the same evidentiary weight as that of an injured witness in cases of physical violence. When the prosecutrix provides a clear, categorical account of rape that is corroborated by evidence of prior consistent statements (under Section 157 IEA), forensic evidence confirming intercourse, and absence of motive for false implication, a conviction for rape under Section 376 IPC can be sustained beyond reasonable doubt notwithstanding absence of physical injuries or gaps in peripheral details not subject to cross-examination. The legal definition of 'consent' under Section 375 IPC requires voluntary participation involving full exercise of intelligence based on knowledge of the significance and moral quality of the act with complete freedom of choice between resistance and assent; inability to physically resist forced intercourse negates any claim of consent. Defects in police investigation do not warrant acquittal if the prosecution has established guilt through reliable evidence beyond reasonable doubt; defects only merit acquittal if they create reasonable doubt regarding the core charge.
On this section: Cross-examination of witness; used to test veracity of witness; failure to put contradictory facts prevents later impeachment based on omissions
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… identity of the parties to the document nor they are competent witnesses to depose anything about the validity or authenticity of such documents except for the fact that they are found in the public records and produced in terms of the directions of the Court. 7. It is also pertinent to mention here that as per Section 146 of the Indian Evidence Act, 1872, the questions that are allowed to be lawful in the cross-examination are such which tend to test the veracity of a witness apart from discovering who is he and what is his position in life. Further, lawful questions could be anything in order to shake his credit, or by injuring …
Questions about Section 146
What have the courts held on Section 146 of the Indian Evidence Act?
Gian Chand vs State of Haryana (23 Jul 2013) is the leading judgment on this section among those set out below: Permits questioning of witness to test veracity and consistency of evidence. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 146 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 146, section 146 IEA, section 146 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Gian Chand vs State of Haryana (23 Jul 2013).
What should I read with Section 146 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 149 (Questions lawful in cross examination), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 146 of the Indian Evidence Act come into force?
Section 146 of the Indian Evidence Act, cited as IEA 146, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.