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Section 149 - Question not to be asked without reasonable grounds | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 149The Bharatiya Sakshya Adhiniyam, 2023 Section 152

Indian Evidence Act, 1872

Section 149

Question not to be asked without reasonable grounds

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Indian Evidence Act, 1872

149. Question not to be asked without reasonable grounds

No such question as is referred to in section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded.

Illustration

(a) A barrister is instructed by an attorney or vakil that an important witness is a dakait. This is reasonable ground for asking the witness whether he is a dakait.

(b) A pleader is informed by a person in Court that an important. Witness is a dakait. The information being questioned by the pleader, gives satisfactory reason for his statement. This is a reasonable ground for asking the witness whether he is a dakait.

(c) A witness of whom nothing whatever is known, is asked at random whether he is a dakait. There are here no reasonable grounds for the questions.

(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 dakait.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 152

Question not to be asked without reasonable grounds

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The Bharatiya Sakshya Adhiniyam, 2023

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.

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