As per the provisions of the Indian Evidence Act, 1872, which one of t

As per the provisions of the Indian Evidence Act, 1872, which one of the following types of questions is *not* lawful in cross-examination ?

Questions which shake the credibility of a witness
Questions about the general immoral character of a rape victim/prosecutrix
Questions to test the veracity of a witness
Questions related to the position of a witness in life
This question was previously asked in
UPSC CISF-AC-EXE – 2017
The correct option is B, as questions about the general immoral character of a rape victim/prosecutrix are generally not lawful in cross-examination, especially in the context of sexual offence cases.
Section 146 of the Indian Evidence Act, 1872 permits certain questions in cross-examination to test the veracity of a witness, discover their position in life, and shake their credit by injuring their character. However, this general permission is subject to restrictions, particularly concerning victims of sexual offences. Following amendments (e.g., post Nirbhaya case) and judicial pronouncements, evidence or questions regarding the past sexual experience or general immoral character of the victim in sexual assault cases, including rape, are considered irrelevant and are generally not permissible to infer consent or affect the victim’s credibility regarding the incident itself.
A) Questions which shake the credibility of a witness are generally lawful under Section 146(3).
B) Questions about the general immoral character of a rape victim/prosecutrix are specifically restricted and often deemed unlawful, as they are irrelevant to the issue of consent or the credibility of the victim concerning the sexual assault incident itself.
C) Questions to test the veracity of a witness are lawful under Section 146(1).
D) Questions related to the position of a witness in life are lawful under Section 146(2).
The rationale behind restricting questions about the sexual history or character of a rape victim is to prevent re-victimization and ensure that the trial focuses on the conduct of the accused and the issue of consent related to the specific incident, rather than putting the victim’s life or character on trial. This is a crucial reform reflecting evolving understanding of sexual assault.
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