Questions lawful in cross-examination.

What this section does

In cross-examination, a witness may be asked questions that test his veracity, reveal his identity and position in life, or shake his credit by injuring his character, even if the answers might incriminate him or expose him to penalty. However, in prosecutions for specified sexual offences under the Bharatiya Nyaya Sanhita 2023 where consent is in issue, questions about the victim's general immoral character or previous sexual experience with any person are not permissible to prove consent.

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

The rule in one line

Cross-examination may attack a witness's veracity, identity, or character, but questions about a sexual-offence victim's prior sexual experience or immoral character to prove consent are prohibited.

When it applies

• A witness may be asked in cross-examination about prior convictions or dishonest conduct to shake his credibility.
• In a rape trial where consent is disputed, the defence cannot cross-examine the victim about her previous sexual relationships to argue she consented.

Derived from IEA s.146.