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CHAPTER X.––OF THE EXAMINATION OF WITNESSES

Section 149: Question not to be asked without reasonable grounds

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

No such question as is referred to in section 148 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) A barrister is instructed by an attorney or vakil that an important witness is a dakait. This is a reasonable ground for asking the witness whether he is a dakait.

(b) A pleader is informed by a person in Court that an important witness is a dakait. The informant, on being questioned by the pleader, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dakait.

(c) A witness, of whom nothing whatever is known is asked at random whether he is a dakait. There are here no reasonable ground 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 dakait.

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

149. Question not to be asked without reasonable grounds.BSA 152

Questions on this section

1 question in 7 of our papers cite Section 149. 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?

Practise questions on Criminal Law