Law Maker

CHAPTER X.––OF THE EXAMINATION OF WITNESSES

Section 148: Court to decide when question shall be asked and when witness compelled to answer

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion, the Court shall have regard to the following considerations:––

(1) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies;

(2) such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies;

(3) such questions are improper if there is a great disproportion between the importance of the imputation made against the witness’s character and the importance of his evidence;

(4) the Court may, if it sees fit, draw, from the witness’s refusal to answer, the inference that the answer if given would be unfavourable.

Now in the BSA

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

148. Court to decide when question shall be asked and when witness compelled to answer.BSA 151

Questions on this section

1 question in 7 of our papers cite Section 148. Try these from the free papers:

  1. 1. Consider the following statements regarding questions put to a witness in cross-examination under Section 149 of the BSA: 1. If such a question relates to a matter relevant to the suit or proceeding, the provisions of Section 137 apply to it. 2. If it relates to a matter not relevant except as affecting the witness's credit by injuring his character, the Court decides whether he shall be compelled to answer, and may warn him that he is not obliged to answer. 3. The Court may draw from the witness's refusal to answer the inference that the answer, if given, would be unfavourable. 4. Such a question is proper even though the imputation relates to matters so remote in time that its truth would hardly affect the Court's opinion of his credibility. Which of the statements given above are correct?

Practise questions on Criminal Law