Section 153 Bharatiya Sakshya Adhiniyam, 2023: Procedure of Court in case of question being asked without reasonable grounds

Section 153 of Bharatiya Sakshya Adhiniyam, 2023: Procedure of Court in case of question being asked without reasonable grounds

Official Bare Act Text

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

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.

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

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 153

Section 153 provides the procedure of the Court in case of a question being asked without reasonable grounds, authorizing the Court to report the matter to the High Court or Bar Council for disciplinary action.

Disciplinary Enforcement: Authorizes the trial judge to report the advocate's conduct to the High Court or the Bar Council of the State.
Deterrence Against Abuse: Creates a powerful deterrent against frivolous, malicious, or fabricated cross-examination attacks.
Preservation of Bar Standards: Protects the integrity of judicial proceedings from unethical trial tactics.

Key Landmark Precedents:

In re: An Advocate (AIR 1957 SC 149): The Supreme Court affirmed the authority of courts under Section 150 IEA (Section 153 BSA) to report advocates to the disciplinary committee of the Bar Council for asking unfounded insulting questions.
D.P. Chadha v. Triyugi Narain Mishra (2001) 2 SCC 221: Emphasized that an advocate is an officer of the court and owes a duty of fairness that precludes making reckless character imputations.

Courtroom Practice & Strategic Litigation Guidance:

If opposing counsel repeatedly makes defamatory, baseless allegations against your client in cross-examination without producing any foundation, pray for an order recording the questions and warning counsel under Section 153 BSA.