Section 155 Bharatiya Sakshya Adhiniyam, 2023: Questions intended to insult or annoy

Section 155 of Bharatiya Sakshya Adhiniyam, 2023: Questions intended to insult or annoy

Official Bare Act Text

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

The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form.

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

Court Sec 2(1)(a) Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 155

Section 155 mandates that the Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form.

Mandatory 'Shall Forbid': The court has no discretion; it is mandated to forbid questions intended to insult, intimidate, or browbeat witnesses.
Offensive Form Regulation: Empowers the court to rephrase questions that are needlessly sarcastic, hostile, or abusive.
Protection of Witness Dignity: Ensures that citizens coming forward to testify are treated with judicial dignity.

Key Landmark Precedents:

State of U.P. v. Raj Narain (1975) 4 SCC 428: The Supreme Court affirmed that the court must protect witnesses from being insulted or annoyed by browbeating cross-examiners under Section 152 IEA (Section 155 BSA).
Mohd. Mian v. State of U.P. (2011) 2 SCC 721: Held that abusive and intimidating cross-examination degrades the dignity of the justice system and must be forbidden.

Courtroom Practice & Strategic Litigation Guidance:

If opposing counsel yells at your witness or asks 'Are you in the habit of lying on oath?', immediately request the court to record the question and forbid it under Section 155 BSA as needlessly offensive.