Code: Section 151 – Bharatiya Sakshya Adhiniyam (BSA)
(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.
Explanation of Section 151 BSA
Section 151 of the Bharatiya Sakshya Adhiniyam empowers the Court to decide whether a witness should be compelled to answer a question that does not directly relate to the main issue in the case. This applies when the question only seeks to affect the credibility of the witness by damaging their character.
The Court has full discretion to allow or disallow such questions. It may also warn the witness that they are not required to answer if the question is too personal, irrelevant, or damaging without cause.
While making this decision, the Court considers several factors:
- Whether the question truly impacts the credibility of the witness.
- Whether the subject of the question is too old or unrelated to matter.
- Whether the personal attack on the witness is disproportionate to the importance of their testimony.
- Whether a refusal to answer might allow the Court to infer a negative conclusion.
Illustration
Example 1: Proper Question About Credibility
A witness is asked whether they were previously involved in a financial fraud. Though not directly related to the current case, if the fraud affects their reliability in financial matters, the Court may allow the question and compel the answer.
Example 2: Improper Question Due to Remoteness
If a witness is asked about a minor personal issue from 20 years ago, which has no connection to the current case, the Court is likely to disallow the question. It does not significantly impact the witness’s present credibility.
Example 3: Disproportionate Imputation
A witness testifies about a property dispute. Opposing counsel tries to bring up the witness’s personal relationship history. The Court may block this line of questioning, as the character attack is too disproportionate to the value of the testimony.
Common Questions and Answers on Section 151 BSA
1. When can a witness refuse to answer a question?
A witness may refuse to answer a question that is not directly relevant to the case. If the question only damages their character, the Court may decide not to compel the answer.
2. What role does the Court play in deciding such questions?
The Court has the authority to decide whether the question should be asked and whether the witness should be forced to answer. This protects witnesses from unfair or irrelevant attacks.
3. Can the Court make inferences from a witness’s refusal?
Yes. If a witness refuses to answer and the Court believes the refusal is suspicious, it may infer that the answer would have been unfavorable to the witness.
4. What happens if a question is too old or unrelated?
If a question refers to an event too remote in time or irrelevant in nature, the Court may treat it as improper and prevent the witness from being compelled to answer.
Conclusion
Section 151 of the Bharatiya Sakshya Adhiniyam (BSA) balances the need for uncovering the truth with the protection of witnesses from unnecessary or harmful questioning. By giving discretion to the Court, this section ensures that only relevant, fair, and proportionate questions are pursued. It also empowers the Court to draw logical inferences where necessary, without compromising the dignity or safety of witnesses.
