BSA · Bharatiya Sakshya Adhiniyam, 2023
Section 152 — Question not to be asked without reasonable grounds.
Replaces Evidence Act Section 149.
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.
Nearby sections
- 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.
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