Question not to be asked without reasonable grounds
Chapter 10: Of examination of witnesses
No such question as is referred to in section 151 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded.
Illustrations.
(a) An advocate is instructed by another advocate that an important witness is a dacoit. This is a reasonable ground for asking the witness whether he is a dacoit.
(b) An advocate is informed by a person in Court that an important witness is a dacoit. The informant, on being questioned by the advocate, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dacoit.
(c) A witness, of whom nothing whatever is known, is asked at random whether he is a dacoit. There are here no reasonable grounds for the question.
(d) A witness, of whom nothing whatever is known, being questioned as to his mode of life and means of living, gives unsatisfactory answers. This may be a reasonable ground for asking him if he is a dacoit.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 149Questions lawful in cross-examinationEvidence Act 146
- 150When witness to be compelled to answerEvidence Act 147
- 151Court to decide when question shall be asked and when witness compelled to answerEvidence Act 148
- 153Procedure of Court in case of question being asked without reasonable groundsEvidence Act 150
- 154Indecent and scandalous questionsEvidence Act 151
- 155Questions intended to insult or annoyEvidence Act 152