IEA Section 148: Court to decide when question shall be asked and when witness compelled to answer
Indian Evidence Act, 1872 · Chapter 10: The Examination Of Witnesses
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
¶If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affect 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 it they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Courts as to the credibility of the witness on the matter to which 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 imp�tation would not affect, or would effect 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.
Study: explanations and related material
Now BSA 151 (corresponding section). IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03), p15
Official reference: Legislative Department, Assam: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 135. Order of production and examination of witnesses
- 136. Judge to decide as to admissibility of evidence
- 137. Examination-in-chief
- 138. Order of examinations
- 139. Cross-examination of person called to produce a document
- 140. Witnesses to character
- 141. Leading questions
- 142. When they must not be asked
- 143. When they may be asked
- 144. Evidence as to matters in writing
- 145. Cross-examination as to previous statements in writing
- 146. Questions lawful in cross-examination
- 147. When witness to be compelled to answer
- 149. Question not to be asked without reasonable grounds
- 150. Procedure of Court in case of question being asked without reasonable grounds
- 151. Indecent and scandalous questions
- 152. Questions intended to insult or annoy
- 153. Exclusion of evidence to contradict answers to questions testing veracity
- 154. Question by party to his own witness
- 155. Impeaching credit of witness
- 156. Question tending to corroborate evidence of relevant fact, admissible
- 157. Former statements of witness may be proved to corroborate later testimony as to same fact
- 158. What matters may be proved in connection with proved statement relevant under section 32 or 33
- 159. Refreshing memory
- 160. Testimony to facts stated in document mentioned in section 159
- 161. Right of adverse party as to writing used to refresh memory
- 162. Production of documents
- 163. Giving, as evidence, of document called for and produced on notice
- 164. Using, as evidence, of document production of which was refused on notice
- 165. Judge's power to put questions or order production
- 166. Power of jury or assessors to put questions