Section 154 Bharatiya Sakshya Adhiniyam, 2023: Indecent and scandalous questions

Section 154 of Bharatiya Sakshya Adhiniyam, 2023: Indecent and scandalous questions

Official Bare Act Text

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

The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.

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

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 154

Section 154 empowers the Court to forbid indecent and scandalous questions, although such questions may have some bearing on the questions before the Court, unless they relate to facts in issue or foundational facts.

Prohibition of Scandalous Queries: Bars questions that offend decency, modesty, or common decorum in court.
Strict Relevancy Standard: Such questions are prohibited unless they relate directly to the substantive facts in issue.
Special Application in Gender Offenses: Operates alongside Section 48 BSA to shield women and victims of sexual assault from humiliating inquiries.

Key Landmark Precedents:

State of Punjab v. Gurmit Singh (1996) 2 SCC 384: The Supreme Court directed that trial courts must exercise their powers under Section 151 IEA (Section 154 BSA) to forbid indecent and scandalous questions during rape trials.
Lillu v. State of Haryana (2013) 14 SCC 643: Reiterated that degrading and scandalous questioning of victims violates constitutional dignity under Article 21.

Courtroom Practice & Strategic Litigation Guidance:

Trial judges have an express statutory duty to intervene sua sponte under Section 154 when cross-examination turns prurient or indecent. Prosecutors must immediately rise and invite the court to forbid the question.