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Under section 148 of the Bharatiya Sakshya Adhiniyam, 2023, a witness is cross-examined about a…

A witness can be questioned about a relevant prior statement in or reduced to writing without first showing or proving the writing. To prove the writing for contradiction,…

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Under section 148 of the Bharatiya Sakshya Adhiniyam, 2023, a witness is cross-examined about a relevant prior written statement. What is required if the cross-examiner intends to prove the writing to contradict the witness?

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Answer and explanation

Correct answer B

A witness can be questioned about a relevant prior statement in or reduced to writing without first showing or proving the writing.

To prove the writing for contradiction, the cross-examiner must first direct the witness to the parts to be used.

Option feedback

Option A

Section 148 requires the witness’s attention to be drawn to the particular passages before the writing is proved for contradiction.

Option B

This preserves the witness’s opportunity to address the passages that are to be used.

Option C

The required attention is to the relevant parts of the prior writing itself.

Option D

The provision does not make an admission of falsity a condition.

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