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BSA 2023 § 149 — Questions lawful in cross-examination

§ SECTION 149 · BSA 2023 · CHAPTER X — OF EXAMINATION OF WITNESSES

Questions lawful in cross-examination

Section 149 identifies additional lawful subjects of cross-examination. Permission to ask does not always mean an automatic duty to answer. Read sections 150–151 on compulsion, and the proviso protecting the victim’s character and sexual history on consent.

How to read Section 149

Identify the purpose of the question before deciding whether an answer is compulsory.

Lawful subjects

Veracity, identity/position and credit, subject to the section’s limits.

Compulsion

Use sections 150 and 137 for questions relevant to the proceeding; use section 151 for credit-only character questions.

Consent proviso

Apply the specific bar on the victim’s character and previous sexual experience for proving consent in the listed prosecutions.

The bare Act

The section in its own words — three heads of lawful cross-examination, and a protective proviso.

Section 149 · verbatim

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:

Proviso.—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.

In short: The three heads concern veracity, identity/position and credit through character. Questions of these kinds can arise even where an answer may incriminate the witness. But section 150 connects a question relevant to the proceeding to section 137, whereas section 151 gives the Court the decision on credit-only character questions. The section 149 proviso separately prohibits the specified sexual-history or character use to prove consent in the listed prosecutions.

Correspondence: IEA section 146. Do not turn the permission to ask into an unrestricted duty to answer.

Glossary

test his veracity

Probe whether the witness is truthful.

position in life

Who he is — his standing and circumstances.

shake his credit, by injuring his character

Undermine his credibility by exposing bad character.

although… might criminate him

Section 149 addresses permissible questioning. Whether an answer must be given depends on sections 150–151, read with section 137.

sections 64–71, BNS 2023

The sections on rape and related sexual offences.

the rape-shield proviso

Bars questions to the victim about her character or sexual history to prove consent, in such prosecutions.

The picture

Separate permission, compulsion and the specific prohibited line of questioning.

Cross-examination: asking and answering are separateCross-examination: asking and answering are separateSECTION 149Identify a lawful subject ofcross-examination and applyits proviso.SECTIONS 150 / 137For a question relevant tothe proceeding, apply theanswering rule and itsprotection.SECTION 151For credit-only characterquestions, the Court decideswhether an answer isrequired.Other protections against baseless, indecent or insulting questions continue to apply.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

three headsTest truthfulness, background and credit — even if self-incriminating

In one lineThe listed questions may be asked within the statutory limits. Determine the duty to answer under sections 150–151.
Cross-examination: asking and answering are separateCross-examination: asking and answering are separateSECTION 149Identify a lawful subject ofcross-examination and applyits proviso.SECTIONS 150 / 137For a question relevant tothe proceeding, apply theanswering rule and itsprotection.SECTION 151For credit-only characterquestions, the Court decideswhether an answer isrequired.Other protections against baseless, indecent or insulting questions continue to apply.
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; orveracity · who he is / position…beyond the ordinary relevant questions, cross may probe his truthfulness and his identity and standing.
(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:MeaningSelf-incriminating tendency does not itself exclude these subjects of questioning, but compulsion must be analysed under sections 150–151.
Teaching exampleCounsel asks about an unrelated past conviction solely to attack credit through character. The Court decides under section 151 whether the witness must answer. A question relevant to the actual proceeding engages the different route in sections 150 and 137.
✗ Not thisThese heads are not a free-for-all. When such questions must be answered, and the court’s discretion to forbid needless character attacks, are governed by the sections that follow (§§ 150–151).

the shieldA sexual-offence victim’s history is off-limits to prove consent

In one lineIn a prosecution for rape or a related offence (BNS §§ 64–71) where consent is in issue, the victim may not be questioned on her character or previous sexual experience to prove consent.
prosecution under BNS §§ 64–71 (rape & related) — consent in issueor an attempt to commit any such offenceNOT permissible to ask the victim aboutgeneral immoral character /previous sexual experiencefor the purpose of provingconsent, or its qualitythe rape-shield — a victim’s dignity is not attacked through her sexual history
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.the rape-shield — character/history off-limits to prove consentin §§ 64–71 prosecutions on the issue of consent, the victim’s character and sexual history may not be put to her.
ExampleWhere consent is disputed in a rape trial, the defence cannot cross-examine the complainant about her past relationships or reputation to suggest she was likely to consent — that line of questioning is barred.
✗ Not thisThe shield is targeted: it bars character and sexual-history questions to the victim to prove consent. It does not immunise the victim from all cross-examination on relevant facts of the incident.

Connected provisions

§ 148 · back

Previous statements in writing

Cross on a prior writing — § 149 sets the further heads on which a witness may be questioned.

§ 137 · use immunity

Witness not excused

For questions relevant to the proceeding, read the duty to answer with section 137’s protection. Section 151 separately governs credit-only character questions.

§ 150 · next

When witness to be compelled to answer

If a cross-examination question relates to a relevant matter, § 137 applies — compelled answer, use immunity.

lineage

IEA 1872, § 146

Carried forward — the lawful heads of cross-examination, with the rape-shield proviso.

Sources and reading note

BSA sections 137 and 149–151. Reasoning check: what makes this question relevant—an issue in the proceeding, or only an attack on credit?

Explanatory corrections reviewed on 24 September 2026. Statutory quotation and commentary are kept separate.