Questions lawful in cross-examination
AI Assist
Summary
A witness in cross-examination may be questioned to test truthfulness, to discover who they are and their social position, or to weaken their credit by injuring their character, even if answers might incriminate them or expose them to a penalty or forfeiture. However, in prosecutions for certain sexual offences where consent is in issue, questions or evidence about the victim's general immoral character or prior sexual experience to prove consent are not allowed.
Example
Priya is a complainant in a rape trial where the defence says she consented. The defence asks about her past sexual life and general character to prove consent. Under this rule the court will not permit questions or evidence about her general immoral character or previous sexual experience to prove consent.
Bare Act
Enacted textWhen a witness is cross-examined, he may, in addition to the questions herein-before referred to, be asked any questions which tend—
(1) to lest his veracity.
(2) to discover who he is and what is his position in life, or
(3) 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 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code 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.1
1 Criminal Law (Amendment) Act, 2013
Previous year papers
Pick your exam. we'll email the most recent paper.