BSA Section 152: Question not to be asked without reasonable grounds
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 10: Of Examination of Witnesses
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152.
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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 140. Order of production and examination of witnesses
- 141. Judge to decide as to admissibility of evidence
- 142. Examination of witnesses
- 143. Order of examinations
- 144. Cross-examination of person called to produce a document
- 145. Witnesses to character
- 146. Leading questions
- 147. Evidence as to matters in writing
- 148. Cross-examination as to previous statements in writing
- 149. Questions lawful in cross-examination
- 150. When witness to be compelled to answer
- 151. Court to decide when question shall be asked and when witness compelled to answer
- 153. Procedure of Court in case of question being asked without reasonable grounds
- 154. Indecent and scandalous questions
- 155. Questions intended to insult or annoy
- 156. Exclusion of evidence to contradict answers to questions testing veracity
- 157. Question by party to his own witness
- 158. Impeaching credit of witness
- 159. Questions tending to corroborate evidence of relevant fact, admissible
- 160. Former statements of witness may be proved to corroborate later testimony as to same fact
- 161. What matters may be proved in connection with proved statement relevant under section 26 or 27
- 162. Refreshing memory
- 163. Testimony to facts stated in document mentioned in section 162
- 164. Right of adverse party as to writing used to refresh memory
- 165. Production of documents
- 166. Giving, as evidence, of document called for and produced on notice
- 167. Using, as evidence, of document production of which was refused on notice
- 168. Judge\u2019s power to put questions or order production