What Is BSA Section 151?

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

(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.

Brefe Detail

Section 151 of the Bhartiya Sakshya Adhiniyam, 2023 outlines the authority of the Court to determine whether a witness should be compelled to answer questions that may not be relevant to the suit or proceeding. The Court may consider the potential impact of such questions on the credibility of the witness and can warn the witness about their obligation to answer. Specific considerations guide the Court's discretion regarding the propriety of questions posed.

Question & Answers

What does Section 151 address?

Section 151 addresses the Court's authority to decide when a witness may be compelled to answer questions that may not be relevant to the case.

Under what conditions can the Court compel a witness to answer?

The Court can compel a witness to answer if the question relates to the witness's character and affects their credibility.

What considerations does the Court take into account?

The Court considers factors such as the nature of the question, the time relevance of the imputation, the importance of the evidence, and the potential inference from a witness's refusal to answer.

What happens if the witness refuses to answer a question?

The Court may infer that the answer, if given, would be unfavorable to the witness.

Example

If a witness is asked about a past incident that occurred many years ago and is unrelated to the current case, the Court may decide not to compel the witness to answer if it deems the question irrelevant.

Conversely, if the question concerns the witness’s honesty in past testimonies, which could significantly impact their credibility, the Court may compel them to answer, especially if the imputation seriously affects the Court's opinion.

Summary

Section 151 of the Bhartiya Sakshya Adhiniyam, 2023 provides the framework for the Court to evaluate when a witness should be compelled to answer questions that may not directly pertain to the case but could impact their credibility. The Court's discretion is guided by several considerations to ensure fairness in the examination process.