BSA §152
Question not to be asked without reasonable.
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Comparison
146. Questions lawful in cross-examination. –– When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend––
(1) to test 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: 2[Provided that in a prosecution for an offence under section 376, 3[section 376A, section 376AB section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E of the Indian Penal Code (45 of 1860) 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. As to the Application of s. 145 to police-diaries, see the Code of Criminal Procedure, 1973 (2 of 1974), s. 172. 2. Subs. by Act 13 of 2013, s. 28, for the proviso (w.e.f. 3-2-2013). 3. Subs. by Act 22 of 2018, s. 9, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2018).
152. No such question as is referred to in section 151 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded. Illustrations. (a) An advocate is instructed by another advocate that an important witness is a dacoit. This is a reasonable ground for asking the witness whether he is a dacoit. (b)An advocate is informed by a person in Court that an important witness is a dacoit. The informant, on being questioned by the advocate, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dacoit. (c)A witness, of whom nothing whatever is known, is asked at random whether he is a dacoit. There are here no reasonable grounds for the question. (d) A witness, of whom nothing whatever is known, being questioned as to his mode of life and means of living, gives unsatisfactory answers. This may be a reasonable ground for asking him if he is a dacoit.
What changedAI-inferred
Questions lawful in cross-examination.
Old position
IEA 146 is concerned with Questions lawful in cross-examination. Questions lawful in cross-examination
New position
BSA 152 preserves the framework with drafting modernisations as required by the new code. Topic: Question not to be asked without reasonable.. No such question as is referred to in section 151 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded
BSA 152 (Question not to be asked without reasonable.) preserves the framework of IEA 146. BSA 152 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 152 text: No such question as is referred to in...
Editorial deltaAI-indicated (source-linked)
BSA 152 (Question not to be asked without reasonable.) preserves the framework of IEA 146. BSA 152 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 152 text: No such question as is referred to in section 151 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded. Illustrations. (a) An advocate is instructed by another advocate that an important witness is a dacoit. This is a reasonable ground...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 146 continues to apply. For matters from that date forward, BSA 152 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 152 (Question not to be asked without reasonable.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §146 → BSA §152 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/152.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.