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Section 145- The Indian Evidence Act, 1872

The Indian Evidence Act,1872

145. Cross-examination as to previous statements in writing –

1145. Cross-examination as to previous statements in writing.- A witness may be cross-examined as to previous statements made by him in writing or reduced into writing and relevant to matter in question, without such writing being shown to him, or being proved; but if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

COMMENTS

Effect of contradiction

Two statements sought to be contradicted in addition should be drawn to previous

statement; Mohanlal Ganga Ram Gehani v. State of Maharashtra, AIR 1982 SC 839.

If a contradiction is put to witness and it is denied by him even then it will not amount putting contradiction to witness; Shaik Subhani v. State of Andhra Pradesh, 2000 Cr LJ 321 (AP).

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1. As to the application of section 145 to police-diaries, see the Code of Criminal Procedure, 1973 (2 of 1974), section 172.

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The Indian Evidence Act, 1872

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