Tue. Nov 24th, 2020

Section 146 Questions lawful in cross-examination

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Section 146 Questions lawful in cross-examination.

When a witness is cross-examined, he may, in addition to the questions here in before 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.

comment:

  • This section is applicable only for cross-examinations
  • Permission of court would be required while making questions.
  • These questions cannot be considered as Defamation because permission of court is taken. Hence Section 500 of Indian Penal Code, 1860 does not arise.
  • Court has discretion to reject questions which are unnecessarily provocative or mere harassing.
  • A statement recorded in a tape recorder can be used as a corroborative evidence.
Note:
A provisio inserted by Act No. 4 of 2003 with retrospective effect from December 31, 2002 gives privilege and protects the prospectus. According to it, the adverse party should not ask questions as to the general immoral character of the prosectrix.

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