Bharatiya Sakshya Adhiniyam, 2023
BSA Section 151
Court to decide when question shall be asked and when witness compelled to answer
In one line
BSA Section 151 deals with court to decide when question shall be asked and when witness compelled to answer and replaces Evidence Act 148.
Bare act text — BSA 151
151. Court to decide when question shall be asked and when witness compelled to answer.
(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 changed from the Evidence Act
- Evidence Act 148 → BSA 151: Word "namely" is added in its subsection (2).
Frequently asked
What was BSA Section 151 in the Evidence Act?
BSA Section 151 (Court to decide when question shall be asked and when witness compelled to answer) replaces Section 148 of the Indian Evidence Act, 1872. Evidence Act 148 is now BSA 151.
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Nearby BSA sections
- BSA 146 — Leading questions
- BSA 147 — Evidence as to matters in writing
- BSA 148 — Cross examination as to previous statements in writing
- BSA 149 — Questions lawful in cross examination
- BSA 150 — When witness to be compelled to answer
- BSA 152 — Question not to be asked without reasonable grounds
- BSA 153 — Procedure of Court in case of question being asked without reasonable grounds
- BSA 154 — Indecent and scandalous questions
- BSA 155 — Questions intended to insult or annoy
- BSA 156 — Exclusion of evidence to contradict answers to questions testing veracity