What is Section 146 of the Evidence Act?
Asked by: Prof. Viva Batz | Last update: February 12, 2026Score: 4.7/5 (13 votes)
Section 146 of the Evidence Act (like the Indian Evidence Act, 1872) defines lawful questions during a witness's cross-examination, allowing questions to test truthfulness, discover identity/status, or damage credibility by injuring character, even if indirectly incriminating, while safeguards prevent questions about a rape victim's prior sexual history without court permission. Other jurisdictions' Evidence Acts (like Australia's) have different Section 146s, dealing with evidence from machines or procedural disclosure, showing context matters.
What is Section 146 1 of the evidence Act?
(1) Witnesses shall first be examined-in-chief, then, if the adverse party so desires, cross-examined, then, if the party calling them so desires, re-examined.
What is the punishment for Section 146?
Description. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What are the three requirements for the admissibility of evidence?
A: The three R's of admissible evidence include relevance, reliability, and realism. Relevance means the evidence must directly relate to the case. Reliability means the evidence must be credible and can be verified. Realism means the evidence must accurately represent the facts without being misleading.
What questions are lawful in cross-examination?
Lawful Questions
Section 146 states that during cross-examination of a witness, he may be in addition to the aforementioned questions also be asked questions that try to: Test his accuracy or truthfulness. Understand more about the witness and his position in life. To shake his credit by questioning his character.
SECTION 146 OF EVIDENCE ACT
What is the five question rule cross-examination?
The five-question rule disciplines lawyers to give appropriate thought to cross-examination before conducting it. The rule requires attorneys to analyze the goals to be pursued and to carefully draft the initial questions.
What is Section 146 of the BSA?
(1) Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question. (2) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.
What makes evidence inadmissible?
If the evidence does not meet standards of relevance, the privilege or public policy exists, the qualification of witnesses or the authentication of evidence is at issue, or the evidence is unlawfully gathered, then it is inadmissible.
Which type of evidence is not admissible?
Hearsay: Second hand evidence obtained from a third party's experience, generally not admissible in criminal cases.
What is the best rule of evidence?
The best evidence rule is a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained.
What are the 4 types of offenses?
Offences against person, property or state. Personal offences, fraudulent offences. Violent offences, sexual offences. Indictable/non-indictable offences etc.
How to respond to a section 146 notice?
If a tenant receives a Section 146 Notice, they should take immediate legal advice on the implications of the notice and what they need to do to remedy any breach of covenant.
What is the penal code 146 A?
California Penal Code 146a - Impersonating a State Employee. If you have been accused of impersonating a state department employee under California Penal Code 146a, it is critical to understand what the government must prove and which defenses can protect your record, career, and immigration status.
What types of evidence are admissible in court?
Documentary Evidence
This form of evidence may also be used in a criminal case. Documentary evidence refers to newspapers, contracts, invoices, letters, diaries, medical reports, witness statements or any other type of document presentable in court.
What is the latest Judgement on 65B Evidence Act?
The Supreme Court on September 15, 2025 held that a compact disc is an electronic record and once the requirements under Section 65B of the Indian Evidence Act, 1872 are satisfied, such video evidence becomes admissible like a document.
What are the rules regarding burden of proof?
In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.
Can screenshots of messages be used as evidence?
Yes, screenshots of messages can be used as evidence, but they are often considered weak or unreliable on their own because they can be easily edited, cropped, or taken out of context, making them difficult to authenticate; courts prefer original messages with complete metadata (dates, times, sender info) and often require extra proof, like testimony or forensic analysis, to confirm they are genuine.
What evidence cannot be used in court?
Evidence not admissible in court typically includes illegally obtained evidence (violating the Fourth Amendment), hearsay (out-of-court statements used for their truth), irrelevant or speculative information, privileged communications (like psychotherapist-patient), and confessions obtained through coercion, with rules varying slightly by jurisdiction but generally focusing on reliability, legality, and relevance.
What are the 4 types of evidence?
The four main types of evidence, especially in legal and academic contexts, are Testimonial (spoken/written statements), Documentary (written records), Physical/Real (tangible items), and Demonstrative (visual aids like charts/diagrams). Other categorizations exist, like evidence for arguments (anecdotal, descriptive, correlational, causal) or textual evidence (quoting, paraphrasing).
Who decides if evidence is admissible in court?
The judge decides what evidence is proper and admissible. The judge may allow the jury to hear certain testimony or to see particular exhibits. The judge also may shield the jury from certain information.
What is the main reason evidence obtained illegally is not admissible in court?
Illegally obtained evidence is not just a technicality; it is a fundamental issue of fairness and constitutional rights. If the government has violated your rights by gathering evidence unlawfully or mishandling it, that evidence may not be admissible against you.
What makes evidence unreliable?
That is because hearsay evidence can be unreliable: it cannot be tested by the tribunal because the tribunal is unable to ask questions of the person who is giving it.
What is Section 146 and 147?
The offence of rioting is defined under section 146 of the penal code, whereas, IPC section 147 prescribes punishment for it.
What is Section 146 of the CPC?
Section 146: Broadly allows any person claiming under another to initiate or continue any proceeding, including appeals. It is not confined to substitution during pendency but extends to any person who inherits the rights after proceedings have started.
What is Section 43 of the evidence Act?
43. Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Act.