What Is BSA Section 154?

Bhartiya Sakshya Adhiniyam, 2023 - Section 154: Indecent and scandalous questions

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.

Brefe Detail

Section 154 of the Bhartiya Sakshya Adhiniyam, 2023 empowers the Court to prohibit questions or inquiries deemed indecent or scandalous. Such inquiries can be restricted even if they are relevant to the case, unless they pertain to facts in issue or are necessary to establish the existence of those facts.

Question & Answers

What does Section 154 address?

Section 154 addresses the Court's authority to forbid indecent or scandalous questions during proceedings.

Under what conditions can the Court prohibit questions?

The Court can prohibit questions that it considers indecent or scandalous, regardless of their relevance to the case.

Are there exceptions to this prohibition?

Yes, the Court may allow such questions if they relate to facts in issue or are necessary to determine the existence of those facts.

What is the purpose of this provision?

The purpose is to maintain decorum in court proceedings and protect individuals from inappropriate inquiries.

Example

If a witness is asked about their private life in a manner that the Court deems scandalous, the Court can prohibit such questioning, even if it might be tangentially related to the case, unless it directly addresses a fact that is in issue.

Summary

Section 154 of the Bhartiya Sakshya Adhiniyam, 2023 aims to uphold the dignity of court proceedings by allowing the Court to restrict indecent or scandalous questions. It emphasizes that relevance alone does not justify inappropriate inquiries, ensuring that questioning remains respectful and focused on relevant facts.