Bharatiya Sakshya Adhiniyam, 2023
Section 151 BSA: Court to Decide When Question Shall Be Asked and When Witness Compelled to Answer
Section 151 of the Bharatiya Sakshya Adhiniyam, 2023 deals with questions put to a witness that are not otherwise relevant to the suit or proceeding but may affect the witness's credit by injuring character. In such cases, the Court decides whether the witness should be compelled to answer.
| Law | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|
| Section | 151 |
| Subject | Court's control over certain questions affecting the credit of a witness |
| In force from | July 1, 2024 |
Text of Section 151 of the Bharatiya Sakshya Adhiniyam, 2023
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:
- 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;
- 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;
- 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;
- 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.
Meaning and scope of Section 151 BSA
Section 151 gives the Court supervisory control over a limited category of questions used to test a witness's credit. The provision applies where the question is not relevant to the substantive issues in the suit or proceeding, but is directed at the witness's character in a way that may affect credibility.
The Court must decide whether the witness should be compelled to answer. The Court may also warn the witness that there is no obligation to answer the question. This protects the fact-finding process from questions that are needlessly prejudicial, remote, disproportionate, or only marginally connected with credibility.
Considerations the Court must apply
1. Serious effect on credibility
A question may be proper where the truth of the imputation would seriously affect the Court's assessment of the witness's credibility in relation to the matter on which the witness is giving evidence.
2. Remoteness or weak connection
A question is improper where the imputation concerns matters so remote in time, or of such a character, that even if true it would have no meaningful effect, or only a slight effect, on the witness's credibility.
3. Disproportionate attack on character
A question is also improper where the seriousness of the imputation against the witness's character is greatly disproportionate to the importance of the witness's evidence.
4. Refusal to answer
Where a witness refuses to answer, the Court may, if it considers it appropriate, draw the inference that the answer would have been unfavourable to the witness.
Related provisions
Section 151 should be read with the neighbouring provisions governing questions affecting the credit of witnesses. Section 152 provides that such a question should not be asked without reasonable grounds. Section 153 deals with the Court's procedure where a question is asked without reasonable grounds. Section 154 and Section 155 further regulate indecent, scandalous, insulting, or annoying questions.
Official sources
For the authoritative statutory text, refer to the official India Code copy of the Bharatiya Sakshya Adhiniyam, 2023. The commencement notification appointing July 1, 2024 as the date on which the BSA came into force is available from the Ministry of Home Affairs.
This page is intended as a general legal information resource. For a particular proceeding, the statutory text, applicable procedural law, binding precedent, and the facts of the case should be considered together.