Cross-examination as to previous statements in writing.

What this section does

A witness may be cross-examined about prior written statements relevant to the matter in question without the writing being shown to him or proved at that stage. However, if the cross-examiner intends to contradict the witness using the writing, the witness's attention must first be drawn to the specific parts of the writing intended for contradiction before the writing can be proved.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Prior written statements may be used in cross-examination without production, but contradiction requires drawing the witness's attention to the relevant parts first.

When it applies

• A witness may be asked in cross-examination whether he made a prior statement in a police report without the report being shown to him at that point.
• If counsel wishes to prove that the witness's earlier written statement contradicts his testimony, counsel must first point out the contradicting portions to the witness before tendering the document in evidence.

Derived from IEA s.145.