Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 152: Question not to be asked without reasonable grounds
No such question as is referred to in section 151 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded.
Illustrations:
(a) An advocate is instructed by another advocate that an important witness is a dacoit. This is a reasonable ground for asking the witness whether he is a dacoit.
(b) An advocate is informed by a person in Court that an important witness is a dacoit. The informant, on being questioned by the advocate, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dacoit.
(c) A witness, of whom nothing whatever is known, is asked at random whether he is a dacoit. There are here no reasonable grounds for the question.
(d) A witness, of whom nothing whatever is known, being questioned as to his mode of life and means of living, gives unsatisfactory answers. This may be a reasonable ground for asking him if he is a dacoit.
Brefe Detail
Section 152 of the Bhartiya Sakshya Adhiniyam, 2023 stipulates that questions referred to in section 151 cannot be posed without reasonable grounds for believing that the imputation conveyed by the question is justified. The section includes illustrations to clarify what constitutes reasonable grounds for asking such questions.
Question & Answers
What does Section 152 state?
Section 152 states that questions regarding a witness's credibility must be based on reasonable grounds to believe that the imputation is well-founded.
What is required before asking a question referred to in section 151?
The person asking the question must have reasonable grounds for thinking that the imputation conveyed is justified.
Can you provide an example of a reasonable ground for questioning?
Yes, if an advocate is informed by another advocate that a witness is a dacoit, that serves as a reasonable ground for asking the witness about it.
What is an example of an unreasonable question?
Asking a witness, of whom nothing is known, whether he is a dacoit at random is an example of an unreasonable question.
What might make a question reasonable even if the witness is unknown?
If the witness provides unsatisfactory answers about his mode of life, that could be a reasonable ground for further questioning.
Example
An advocate receives credible information from a reliable source that a witness is involved in criminal activity. This justifies the advocate asking the witness about his character.
Conversely, if an advocate randomly questions a stranger in court about being a dacoit without any prior knowledge or information, that would not be justified.
Summary
Section 152 of the Bhartiya Sakshya Adhiniyam, 2023 emphasizes the necessity for reasonable grounds when questioning a witness about serious allegations. The section aims to protect individuals from baseless accusations while allowing for credible inquiries based on reliable information.
