Section 148 of BSA : Section 148: Cross-examination as to previous statements in writing.

Explanation using Example

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.