Law4u - Made in India

What Is BSA Section 148?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 148: Crossexamination as to previous statements in writing

  • A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved.
  • If it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

Brefe Detail

Section 148 of the Bhartiya Sakshya Adhiniyam, 2023 allows for the cross-examination of witnesses regarding previous written statements relevant to the case. The writing does not need to be shown or proved initially. However, if the cross-examiner intends to contradict the witness using the writing, the witness must be alerted to the specific parts before the writing is formally introduced.

Question & Answers

What does Section 148 allow regarding witnesses?

Section 148 allows a witness to be cross-examined about previous statements made in writing that are relevant to the case.

Is it necessary to show the writing to the witness during cross-examination?

No, the writing does not need to be shown or proved initially.

What must happen if the intention is to contradict the witness?

If the intention is to contradict the witness, their attention must be drawn to the specific parts of the writing that will be used for that purpose before the writing is proved.

Can a witness be cross-examined about oral statements?

No, Section 148 specifically pertains to statements made in writing.

Example

A witness previously stated in a written document that they were at a specific location during an incident. During cross-examination, the lawyer can ask about this statement without showing the document initially. However, if the lawyer intends to argue that the witness was not truthful about their location, they must first direct the witness's attention to that statement in the document before proving it.

Summary

Section 148 of the Bhartiya Sakshya Adhiniyam, 2023 provides the framework for cross-examining witnesses about their prior written statements relevant to a case. While the initial cross-examination can occur without showing the writing, specific procedures must be followed if the cross-examiner intends to use the writing to contradict the witness.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Aynosh Michael

Advocate Aynosh Michael

Criminal, Civil, Documentation, High Court, Family

Get Advice
Advocate Prem Niwas

Advocate Prem Niwas

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Mohsin Chhalotiya

Advocate Mohsin Chhalotiya

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, High Court, Labour & Service, Muslim Law, R.T.I, Property, Landlord & Tenant

Get Advice
Advocate Aadv Anuj Srivastava

Advocate Aadv Anuj Srivastava

Criminal, Cheque Bounce, Family, Divorce, Domestic Violence, Court Marriage, Child Custody, Succession Certificate, Muslim Law, Documentation, Anticipatory Bail

Get Advice
Advocate Nitin Kumar Jain

Advocate Nitin Kumar Jain

Cheque Bounce, Consumer Court, Court Marriage, Divorce, GST, Domestic Violence, Family, Startup, Tax, Trademark & Copyright

Get Advice
Advocate Akhilesh Prasad

Advocate Akhilesh Prasad

Anticipatory Bail, Breach of Contract, Banking & Finance, Cheque Bounce, Consumer Court, Divorce, Family, High Court, Motor Accident, Criminal, Domestic Violence, Insurance, Muslim Law, Patent, Recovery, Wills Trusts, Civil, Child Custody, Bankruptcy & Insolvency

Get Advice
Advocate Saurav Sharma

Advocate Saurav Sharma

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, High Court, Media and Entertainment, Motor Accident, NCLT, Property, Recovery, RERA, Supreme Court, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate Gaurav Gupta

Advocate Gaurav Gupta

Anticipatory Bail, Civil, Child Custody, Cheque Bounce, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Succession Certificate

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.