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What is the meaning of Court to decide when question shall be asked and when witness compelled to answer? What is Question not to be asked without reasonable grounds? Section 148 and 149 of Indian Evidence Act 1872

Court to decide when question shall be asked and when witness compelled to answer and Question not to be asked without reasonable grounds are defined under section 148 and 149 of Indian Evidence Act 1872. Provisions under these sections are:

Section 148 of Evidence Act "Court to decide when question shall be asked and when witness compelled to answer"

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 Courts as to the credibility of the witness or 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 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 unfavorable.

Section 149 of Evidence Act "Question not to be asked without reasonable grounds"

No such question as is referred to in section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded.

Illustration

(a) A barrister is instructed by an attorney or vakil that an important witness is a dakait. This is reasonable ground for asking the witness whether he is a dakait.

(b) A pleader is informed by a person in Court that an important. Witness is a dakait. The information being questioned by the pleader, gives satisfactory reason for his statement. This is a reasonable ground for asking the witness whether he is a dakait.

(c) A witness of whom nothing whatever is known, is asked at random whether he is a dakait. There are here no reasonable grounds for the questions.

(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 dakait.

 

Indian Evidence Act 1872

When they must not be asked? When they may be asked? What is Evidence as to matters in writing? Section 142, 143 and 144 of Indian Evidence Act 1872

What is Cross–examination as to previous Statements in writing? What are Questions lawful in cross-examination? When witness to be compelled to answer? Section 145, 146 and 147 of Indian Evidence Act 1872

What is the meaning of Court to decide when question shall be asked and when witness compelled to answer? What is Question not to be asked without reasonable grounds? Section 148 and 149 of Indian Evidence Act 1872

What is Procedure of Court in case of question being asked without reasonable grounds? What is Indecent and scandalous questions? Section 150 and 151 of Indian Evidence Act 1872

What is questions intended to insult or annoy? What is Exclusion of evidence to contradict answers to questions testing veracity? Section 152 and 153 of Indian Evidence Act 1872

What is Question by party to his own witness? What is Impeaching credit of witness? What is Questions tending to corroborate evidence of relevant fact, admissible? Section 154, 155 and 156 of Indian Evidence Act 1872

What is Former statements of witness may be proved to corroborate later testimony as to same fact? What matters may be proved in connection with proved statement relevant under section 32 or 33? Section 157 and 158 of Indian Evidence Act 1872

What is Refreshing memory? What is Testimony to facts stated in document mentioned in section 159? Section 159 and 160 of Indian Evidence Act 1872

What is Right of adverse party as to writing used to refresh memory? What are Productions of documents? What is Giving, as evidence, of document called for and produced on notice? Section 161, 162 and 163 of Indian Evidence Act 1872

What is Using, as evidence, of document production of which was refused on notice? What is Judge’s power to put questions or order production? Section 164 and 165 of Indian Evidence Act 1872

What is Power of jury or assessors to put questions? What is the meaning of No new trial for improper admission or rejection or evidence? Section 166 and 167 of Indian Evidence Act 1872

 

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