Section 146 of IEA : Section 146: Questions Lawful In Cross-Examination

Explanation using Example

Imagine a scenario where a man is on trial for theft. During the trial, a witness for the prosecution claims to have seen the man stealing goods from a shop. The defense attorney, during cross-examination, may use Section 146 of the Indian Evidence Act, 1872, to question the witness's credibility. The attorney might ask the witness questions about his past, including any previous instances where he has lied or been dishonest, to test his veracity (point 1).

The attorney might also inquire about the witness's occupation and social status to establish his identity and understand his background (point 2). Additionally, if the witness has a history of enmity with the accused, the attorney might bring that up to suggest that the witness's testimony could be biased and to shake his credit by showing a motive for injuring the character of the accused (point 3).

However, the attorney must refrain from asking any questions that could imply that the accused has a generally immoral character, as this would not be relevant to the specific act of theft and could unfairly prejudice the court against the accused.