Bharatiya Sakshya Adhiniyam, 2023
Section 153 BSA: Procedure of Court When a Question Is Asked Without Reasonable Grounds
Section 153 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the Court's response when an advocate asks a witness a question carrying an imputation without reasonable grounds. The provision forms part of the safeguards governing cross-examination and protection of witnesses from unjustified attacks on character or credibility.
Text of Section 153
If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any advocate, report the circumstances of the case to the High Court or other authority to which such advocate is subject in the exercise of his profession.
Meaning and Scope of Section 153
Section 153 gives the Court a supervisory and protective power. Where a question of the kind referred to in Section 152 is put without reasonable grounds, and the question was asked by an advocate, the Court may report the circumstances to the High Court or another competent professional authority exercising disciplinary control over that advocate.
The section does not itself prescribe a separate criminal punishment. Its purpose is to maintain professional responsibility in advocacy and to discourage baseless questions that may unfairly damage the reputation, dignity or credibility of a witness.
Connection with Section 152 BSA
Section 152 provides that a question covered by Section 151 should not be asked unless the person asking it has reasonable grounds for believing that the imputation conveyed by the question is well-founded. Section 153 supplies the procedural consequence where the Court concludes that such reasonable grounds were absent.
When Can the Court Act?
- The disputed question must be one of the questions governed by the preceding provisions relating to cross-examination and credibility.
- The Court must form the opinion that the question was asked without reasonable grounds.
- If the question was asked by an advocate, the Court may report the circumstances to the High Court or other competent professional authority.
- The power is discretionary because the section uses the word "may".
Practical Effect
The provision protects the integrity of cross-examination. Advocates may test a witness's credibility within the limits permitted by law, but imputations affecting character should not be made casually, speculatively or merely to embarrass a witness.
Corresponding provision under the old Evidence Act
Section 153 of the Bharatiya Sakshya Adhiniyam, 2023 broadly corresponds to Section 150 of the Indian Evidence Act, 1872. The modern provision uses the term "advocate" in place of the older terminology used for legal practitioners.
Official Source
For the authoritative statutory text, refer to the official India Code publication of the Bharatiya Sakshya Adhiniyam, 2023.
Official Bharatiya Sakshya Adhiniyam, 2023 - India Code PDF
Related Provisions
Sections 151 to 155 should be read together because they regulate the Court's control over questions affecting a witness's character, the requirement of reasonable grounds, and protection against improper, indecent, scandalous, insulting or annoying questions.