What Is BSA Section 155?

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

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.

Brefe Detail

Section 155 of the Bhartiya Sakshya Adhiniyam, 2023 grants the Court the authority to prohibit questions that are intended to insult or annoy witnesses. Additionally, even if a question is proper in nature, it may be disallowed if it is deemed needlessly offensive in its phrasing.

Question & Answers

What does Section 155 address?

Section 155 addresses the Court's power to forbid questions that are intended to insult or annoy.

What criteria does the Court use to determine if a question should be forbidden?

The Court considers whether a question is intended to insult or annoy, or if it is needlessly offensive in form.

Can a proper question be prohibited?

Yes, a question that is proper in itself can still be prohibited if it appears needlessly offensive to the Court.

What is the purpose of this provision?

The purpose is to maintain respect and decorum in court proceedings and protect witnesses from inappropriate questioning.

Example

If a lawyer asks a witness a question in an insulting manner, intending to provoke an emotional response, the Court can forbid such a question, even if the underlying issue is relevant to the case.

Summary

Section 155 of the Bhartiya Sakshya Adhiniyam, 2023 emphasizes the importance of respectful questioning in court. It allows the Court to prevent questions that are designed to insult or annoy witnesses, ensuring that proceedings remain dignified and fair.