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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

Questions intended to insult or annoy and Exclusion of evidence to contradict answers to questions testing veracity are defined under section 152 and 153 of Indian Evidence Act 1872. Provisions under these sections are:

Section 152 of Evidence Act "questions intended to insult or annoy"

The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the court need lessly offensive in form.

Section 153 of Evidence Act "Exclusion of evidence to contradict answers to questions testing veracity"

When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he answers falsely, he may afterwards be charged with giving false evidence.

Exception -1 If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction.

Exception 2- If a witness is asked any question tending to impeach his impartiality, and answers it by denying the facts suggested, he may be contradicted.

Illustrations

(a) A claim against an underwriter is resisted on the ground of fraud.

The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies it, Evidence is offered to show that he did make such a claim.
The evidence is inadmissible.

(b) A witness is asked whether he was not dismissed from a situation for dishonesty. He denies it.

Evidence is offered to show that he was dismissed for dishonesty.
The evidence is not admissible.

(c) A affirm that on a certain day he saw B at Lahore.
A is asked whether he himself was not on that day at Calcutta. He denies it.
Evidence is offered to show that A was on that day at Calcutta.

The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in Lahore.
In each of these cases the witness might, if his denial was false, be charged with giving false evidence.

(d) A is asked whether his family has not had a blood feud with the family of B against whom he gives evidence.
He denies it. He may be contradicted on the ground that the question tends to impeach his impartiality.

 

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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