Questions lawful in cross-examination: permits probing veracity, background and character; bars sexual-history questions of victims. A witness may be cross examined to test veracity, to discover who he is and his position in life, and to shake his credit by injuring his character, even if answers may tend directly or indirectly to criminate him or expose him to penalty or forfeiture. Provided that in prosecutions for specified sexual offences, where consent is an issue, it is not permissible to adduce evidence or put questions about the victim's general immoral character or previous sexual experience to prove consent or its quality.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Questions lawful in cross-examination: permits probing veracity, background and character; bars sexual-history questions of victims.
A witness may be cross examined to test veracity, to discover who he is and his position in life, and to shake his credit by injuring his character, even if answers may tend directly or indirectly to criminate him or expose him to penalty or forfeiture. Provided that in prosecutions for specified sexual offences, where consent is an issue, it is not permissible to adduce evidence or put questions about the victim's general immoral character or previous sexual experience to prove consent or its quality.
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