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PART IV PRODUCTION AND EFFECT OF EVIDENCE · CHAPTER X OF EXAMINATION OF WITNESSES

Section 152: Question not to be asked without reasonable grounds

The Bharatiya Sakshya Adhiniyam, 2023

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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 11 of our papers cite Section 152. Try these from the free papers:

  1. 1. Consider the following statements under the BSA: 1. A question relevant only because it affects the credit of a witness by injuring his character ought not to be asked unless the person asking it has reasonable grounds for thinking the imputation it conveys is well-founded. 2. If such a question is asked by an advocate without reasonable grounds, the Court may report the circumstances to the High Court or other authority to which the advocate is subject. 3. The Court may forbid indecent or scandalous questions even when they relate to facts in issue. Which of the statements given above is/are correct?

  2. 2. A witness, of whom nothing at all is known to the cross-examining advocate, is questioned about his mode of life and means of living and gives unsatisfactory answers. The advocate then wishes to ask him whether he is a dacoit. Under Section 152 of the BSA and its illustrations:

Practise questions on Bharatiya Sakshya Adhiniyam