Section-146 (Questions lawful in cross-examination) of the Evidence Act, 1872
The Evidence Act, 1872
(ACT NO. I OF 1872)
PRODUCTION
AND EFFECT OF EVIDENCE
CHAPTER X
OF THE EXAMINATION OF WITNESSES
Questions lawful in
cross-examination
146. 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 of rape or attempt to rape, no
question under clause (3) can be asked in the cross-examination as to general
immoral character or previous sexual behaviour of the victim:
Provided further that
such question can only be asked with the permission of the Court, if it appears
to the Court necessary for the ends of justice.
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