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
(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.
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 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 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