BSA Section 151: Court to decide when question shall be asked and when witness compelled to answer (formerly IEA 148)
Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024
BSA 151: Court to decide when question shall be asked and when witness compelled to answer
From 1 July 2024
(1) 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.
(2) In exercising its discretion, the Court shall have regard to the following considerations, namely:—
(a) 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;
(b) 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;
(c) 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;
(d) 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.
What it replaced in the Evidence Act
BSA 151 ← IEA 148 · Court to decide when question shall be asked and when witness compelled to answerChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Word "namely" is added in its subsection (2).
Printed in both official correspondence tables (BPR&D and NCRB).
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.
Which one applies
Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.
Read BSA section 170 →Judgments decided under IEA 148
They remain the law on IEA 148. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs, page 12.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 23.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.