Code: Section 152 – Bharatiya Sakshya Adhiniyam (BSA)
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.
Explanation of Section 152 BSA
Section 152 of the Bharatiya Sakshya Adhiniyam (BSA) emphasizes the need for caution and responsibility when questioning a witness’s character, particularly when the question relates to matters discussed under Section 151. It specifically prohibits asking questions that imply criminal or immoral behavior unless the person asking them has a reasonable basis to believe that the accusation is true.
In essence, this section protects witnesses from baseless character attacks in court. It places a duty on advocates and parties to verify facts before making serious imputations, ensuring the integrity of the trial process.
Illustration
The law provides the following clear examples to explain what qualifies as a “reasonable ground”:
- Example (a): If an advocate is told by another reliable advocate that a key witness is a dacoit, that is a valid basis to ask such a question.
- Example (b): If someone present in court informs an advocate that a witness is a dacoit, and the person gives strong reasons to support this claim, that is also a valid ground.
- Example (c): Asking a random witness if they are a dacoit, without any prior knowledge, is not acceptable. There is no reasonable basis for the question.
- Example (d): If a witness answers suspiciously about their lifestyle or source of income, it may raise legitimate suspicion and justify such a question.
Common Questions and Answers on Section 152 BSA
1. Why does the law require reasonable grounds for certain questions?
This requirement prevents advocates from harassing or humiliating witnesses with baseless accusations. It helps maintain dignity in courtroom proceedings.
2. Who decides whether a ground is “reasonable”?
Ultimately, the Court decides if the question was based on a reasonable belief. If the Court finds the question to be speculative or unfounded, it may disallow it.
3. What happens if a question is asked without a reasonable ground?
The Court may disallow the question and could also take disciplinary action against the person asking it, especially if it is done in bad faith or to intimidate the witness.
4. Is hearsay a reasonable ground?
Not always. As illustrated, if hearsay comes from a trusted source and is backed by reasonable explanation, it may be acceptable. But random unverified claims are not valid grounds.
Conclusion
Section 152 of the Bharatiya Sakshya Adhiniyam plays a crucial role in protecting the integrity of witness examination. It ensures that damaging questions about a witness’s character are only asked when there is a solid, reasonable basis for them. This section works in tandem with Section 151 to balance the right to test credibility with the right to dignity and fairness.
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