Section 146Questions lawful in cross-examination

s. 146

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[: Provided that in a prosecution for an offence of rape or attempt to rape, no question under clause (3) can be asked in the cross-examination as to general immoral character or previous sexual behaviour of the victim: Provided further that such question can only be asked with the permission of the Court, if it appears to the Court necessary for the ends of justice.]

1. 77. The colon (:) was substituted for the full-stop (.) and the proviso was added by section 20 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).