Section 151 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 151 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the court's discretion in determining the relevance of questions posed to witnesses during legal proceedings. Here's a detailed explanation:
๐ Section 151: Court to Decide When Question Shall Be Asked and When Witness Compelled to Answer
Text of Section 151:
Relevance of Questions:
If a question pertains to a matter not relevant to the suit or proceeding, except insofar as it affects the credit of the witness by injuring their character, the court shall decide whether the witness shall be compelled to answer it.
The court may, if it deems fit, warn the witness that they are not obliged to answer the question.(vidhiadda.com, indiankanoon.org)
Considerations for the Court:
In exercising its discretion, the court shall have regard to the following considerations:
The question is proper if the truth of the imputation conveyed by it would seriously affect the court's opinion regarding the credibility of the witness on the matter to which they testify.
The question is improper if the imputation relates to matters so remote in time or of such a character that the truth of the imputation would not affect, or would affect only slightly, the court's opinion regarding the witness's credibility.
The question is improper if there is a significant disproportion between the importance of the imputation made against the witness's character and the importance of their evidence.
The court may, if it sees fit, draw from the witness's refusal to answer the inference that the answer, if given, would be unfavorable.
๐ Explanation
Section 151 empowers the court to exercise discretion in determining whether a witness should be compelled to answer a question that may not be directly relevant to the case but could affect the witness's credibility. This provision ensures that the questioning process remains fair and does not unduly prejudice the witness.(advocatekhoj.com)
โ๏ธ Legal Significance
Protection of Witnesses: Safeguards witnesses from irrelevant or prejudicial questioning that could harm their reputation without contributing to the case.
Judicial Discretion: Allows the court to maintain control over proceedings, ensuring that questions posed are pertinent and not designed to harass or intimidate witnesses.(indiacode.nic.in)
Fair Trial: Contributes to the fairness of the trial process by preventing the introduction of irrelevant matters that could distract from the main issues at hand.
๐งพ Example
In a defamation case, if a witness is asked about a personal matter unrelated to the case, such as their political affiliation, the court may decide that the question is improper if it does not affect the witness's credibility regarding the defamation claim. The court may then choose not to compel the witness to answer and may warn the questioning party against such inquiries.(advocatekhoj.com, vidhiadda.com)
๐ Related Sections
Section 152: Prohibits questions without reasonable grounds.(indiacode.nic.in)
Section 153: Provides procedure when questions are asked without reasonable grounds.(indiacode.nic.in)
Section 154: Addresses indecent and scandalous questions.(indiacode.nic.in)
Section 155: Deals with questions intended to insult or annoy.(indiacode.nic.in)
Section 156: Excludes evidence to contradict answers to questions testing veracity.(indiacode.nic.in)
In summary, Section 151 of the Bharatiya Sakshya Adhiniyam, 2023, ensures that the process of questioning witnesses is conducted in a manner that is relevant, respectful, and conducive to a fair trial.
RELATED Blog
0 comments