Questions lawful in cross-examination
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Summary
During cross-examination the opposing party may ask questions to test a witness's truthfulness, to find out who the witness is and their position in life, or to attack the witness's credit by harming character, even if answers might tend to incriminate or expose them to penalty or forfeiture. In prosecutions for certain listed sexual offences where consent is in issue, the victim cannot be asked about general immoral character or previous sexual experience to prove consent.
Example
Ravi testifies in a theft trial; on cross-exam he can be asked about past dishonesty even if the answer might incriminate him, because the question tests his veracity. In a separate sexual-offence case where Diya is the victim and consent is disputed, the defence may not ask about Diya's general immoral character or prior sexual experience to prove consent.
Bare Act
Enacted textWhen a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend-
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(a) to test his veracity; or
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(b) to discover who he is and what is his position in life; or
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(c) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him, or might expose or tend directly or indirectly to expose him to a penalty or forfeiture:
Provided that in a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent.
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