The Bharatiya Sakshya Adhiniyam, 2023
ARRANGEMENT OF SECTIONS
PART IV: PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER X: OF EXAMINATION OF WITNESSES
Section 148: Cross-examination as to previous statements in writing.
Bare Act
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; but, 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.
Simplified Act
- A witness can be asked questions about things they wrote down before, or things that were written down for them, if those things are related to the case.
- The written statements do not need to be shown to the witness or proven to be true before asking these questions.
- However, if you want to use the written statements to show that the witness is saying something different now, you must first tell the witness which parts of the writing you are talking about before you can use it to contradict them.
Explanation using examples
Example 1:
Scenario: A car accident case where the witness, Mr. Sharma, gave a written statement to the police immediately after the accident, stating that the traffic light was red when the defendant's car crossed the intersection.
Courtroom Situation: During the trial, Mr. Sharma is called as a witness and states under oath that the traffic light was green when the defendant's car crossed the intersection.
Cross-Examination:
- Lawyer: "Mr. Sharma, did you provide a written statement to the police on the day of the accident?"
- Mr. Sharma: "Yes, I did."
- Lawyer: "In your written statement, did you mention the color of the traffic light at the time of the accident?"
- Mr. Sharma: "I don't remember exactly."
- Lawyer: "Is it true that you stated the traffic light was red in your written statement?"
- Mr. Sharma: "I don't recall."
- Lawyer: "Let me read a part of your statement to you: 'The traffic light was red when the car crossed the intersection.' Does this refresh your memory?"
- Mr. Sharma: "Yes, I remember now."
Explanation: The lawyer cross-examines Mr. Sharma about his previous written statement without showing it to him initially. When Mr. Sharma's current testimony contradicts his previous statement, the lawyer brings his attention to the specific part of the written statement to highlight the contradiction.
Example 2:
Scenario: A theft case where the witness, Ms. Gupta, wrote a statement to the police claiming she saw the accused, Mr. Khan, at the scene of the crime.
Courtroom Situation: During the trial, Ms. Gupta testifies that she did not see Mr. Khan at the scene of the crime.
Cross-Examination:
- Lawyer: "Ms. Gupta, did you provide a written statement to the police regarding the theft?"
- Ms. Gupta: "Yes, I did."
- Lawyer: "In your written statement, did you mention seeing Mr. Khan at the scene?"
- Ms. Gupta: "I don't remember."
- Lawyer: "Is it true that you wrote you saw Mr. Khan at the scene of the crime?"
- Ms. Gupta: "I don't recall."
- Lawyer: "Let me read a part of your statement to you: 'I saw Mr. Khan near the shop at the time of the theft.' Does this refresh your memory?"
- Ms. Gupta: "Yes, I remember now."
Explanation: The lawyer cross-examines Ms. Gupta about her previous written statement without initially showing it to her. When her current testimony contradicts her previous statement, the lawyer brings her attention to the specific part of the written statement to highlight the contradiction.
