Section 151 Bharatiya Sakshya Adhiniyam, 2023: Court to decide when question shall be asked and when witness compelled to answer

Section 151 of Bharatiya Sakshya Adhiniyam, 2023: Court to decide when question shall be asked and when witness compelled to answer

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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:—

(a) 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;

(b) 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;

(c) 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;

(d) 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 151

Section 151 empowers the Court to decide when a question shall be asked and when a witness shall be compelled to answer, establishing judicial control over questions affecting character in cross-examination.

Judicial Discretionary Control: Applies when a question is relevant solely as affecting the character of the witness by injuring their credit.
Proportionality Standard: Court allows the question if the truth of the imputation would seriously impair the witness's credibility regarding the facts deposed.
Remoteness & Triviality Bar: Court disallows the question if the imputation relates to matters so remote in time or of such character that it would not affect credibility.

Key Landmark Precedents:

State of U.P. v. Raj Narain (1975) 4 SCC 428: The Supreme Court affirmed that under Section 148 IEA (Section 151 BSA), the trial judge has a positive duty to control cross-examination and disallow oppressive character questioning.
Bhadresh Bipinbhai Sheth v. State of Gujarat (2016) 1 SCC 152: Reiterated that cross-examination must not be permitted to become an instrument of harassment.

Courtroom Practice & Strategic Litigation Guidance:

If opposing counsel asks your witness about a minor traffic offense or a 20-year-old dismissed civil matter, object under Section 151 BSA: the imputation is too remote in time to affect the witness's credibility on the pending dispute.