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Report No. 185

Section 148A

Accused person not to be asked certain questions. This was recommended as section 148(2) in the 69th Report. section 148A (in the place of section 148(2)) as recommended (para 83.24) in the 69th Report will read as follow.- (1) after adding the principle in DPP v. P at the end and (2) after deleting the clause in the draft proposals regarding cross examination of complaint-prosecutrix by the accused:-

"148A. Accused person not to be asked certain questions.- An accused person who offers himself as a witness in pursuance of section 315 of the Code of Criminal Procedure, 1973, shall not be asked and if asked, shall not be compelled to answer, any question tending to show that he has committed or has been convicted of or been charged with any offence other than that with which he is then charged, or that he is of bad character unles.-

(i) the proof that he has committed or been convicted of such other offence is relevant to a matter in issue; or

(ii) he has personally or by his advocate asked questions of the witness for the prosecution with a view to establishing his own good character, or has given evidence of his good character, or

(iii) the nature or conduct of the defence is such as to involve imputations on the character of the witnesses for the prosecution,(other than the character of the prosecutrix) without obtaining the leave of the Court for asking the particular question; or

(iv) he has given evidence against any other person charged with the same offence; and unless the court is satisfied that such evidence of which the witness is compelled as aforesaid, has or would have sufficient probative value which outweighs the prejudice that may be caused."



Review of the Indian Evidence Act, 1872 Back




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