Section 149 of BSA : Section 149: Questions lawful in cross-examination.

Explanation using Example

Example 1:

Scenario: A witness, Mr. Sharma, is testifying in a fraud case where the defendant, Mr. Verma, is accused of embezzling funds from his company.

Cross-Examination:

• Question to Test Veracity: "Mr. Sharma, isn't it true that you were previously convicted of perjury in 2018?"
  • Purpose: To test Mr. Sharma's truthfulness by bringing up his past conviction for lying under oath.
• Question to Discover Identity and Position: "Mr. Sharma, can you confirm your current occupation and your role in the company?"
  • Purpose: To understand Mr. Sharma's background and his position, which may affect his credibility or bias.
• Question to Shake Credit by Injuring Character: "Mr. Sharma, isn't it true that you were dismissed from your previous job for falsifying documents?"
  • Purpose: To challenge Mr. Sharma's credibility by highlighting past dishonest behavior, even if it may incriminate him or expose him to penalties.

Example 2:

Scenario: A witness, Ms. Gupta, is testifying in a case of theft where the defendant, Mr. Khan, is accused of stealing valuable jewelry.

Cross-Examination:

• Question to Test Veracity: "Ms. Gupta, have you ever been involved in any criminal activities or been arrested before?"
  • Purpose: To assess Ms. Gupta's honesty by inquiring about her past criminal record.
• Question to Discover Identity and Position: "Ms. Gupta, what is your relationship with the defendant, Mr. Khan, and how long have you known him?"
  • Purpose: To understand Ms. Gupta's relationship with the defendant, which may reveal potential bias or motive.
• Question to Shake Credit by Injuring Character: "Ms. Gupta, isn't it true that you were caught shoplifting in 2015?"
  • Purpose: To undermine Ms. Gupta's credibility by bringing up past misconduct, even if it may incriminate her or expose her to penalties.

Example 3:

Scenario: A victim, Ms. Rani, is testifying in a case of sexual assault where the defendant, Mr. Singh, is accused of the crime.

Cross-Examination:

• Prohibited Question: "Ms. Rani, isn't it true that you have had multiple sexual partners in the past?"
  • Purpose: This question is not allowed as it aims to discredit the victim by referring to her past sexual history, which is irrelevant to the issue of consent in the current case.
• Allowed Question: "Ms. Rani, can you describe the events that led up to the incident on the night in question?"
  • Purpose: To gather relevant information about the incident without attacking the victim's character or past sexual experiences.