Section 148 of the Indian Evidence Act: Court's Power to Control Questions to Witnesses
Section 148 of the Indian Evidence Act, 1872 dealt with the court's discretion to decide whether a witness must answer certain questions affecting credibility. Its corresponding provision in the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 151.
What does Section 148 mean?
The provision addresses cross-examination questions about a witness's character when the subject is otherwise irrelevant to the dispute, but may affect the witness's credit or credibility. The court determines whether the witness should be compelled to answer and may warn the witness that answering is not obligatory.
Credit of a witness means the reliability or trustworthiness of that witness's testimony. Imputation means an allegation or suggestion about a person's conduct or character. Compelled to answer means legally required by the court to respond to a question.
Section 148 of the Indian Evidence Act, 1872 - statutory provision
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. In exercising its discretion, the Court shall have regard to the following considerations:
- 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.
- 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.
- 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.
- 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.
Section 151 of the Bharatiya Sakshya Adhiniyam, 2023
Section 151(1) preserves the court's authority to decide whether a witness must answer a character-related question that is otherwise irrelevant to the suit or proceeding. Section 151(2) sets out four considerations guiding that discretion:
- Material impact on credibility: A question may be proper if a truthful answer could seriously influence the court's assessment of the witness's reliability.
- Remoteness or limited relevance: A question is improper if it concerns distant or inconsequential matters with little bearing on credibility.
- Proportionality: The importance of the allegation must be proportionate to the significance of the witness's evidence.
- Refusal to answer: The court may, where appropriate, draw an unfavourable inference from refusal; such an inference is discretionary, not automatic.
The operative statutory text is available in the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).
How courts apply the rule
Questions bearing directly on credibility
If there are reasonable grounds for a question about conduct that would materially affect a witness's truthfulness in the case, the court may permit it. Permission is not automatic merely because counsel says the question concerns character.
Remote or disproportionate allegations
An allegation unrelated to the case, remote in time or of trivial significance should not be used simply to embarrass a witness. The court considers whether its potential value in assessing credibility justifies the intrusion.
Protection from improper questioning
Section 152 BSA requires reasonable grounds for such questions; Section 153 provides for action when an advocate asks one without reasonable grounds. Sections 154 and 155 also address indecent, scandalous, insulting or annoying questions. These safeguards operate alongside Section 151.
Practical illustrations
Example 1: A witness gives evidence about an important financial transaction. A proposed question about a recent, substantiated act of dishonesty may bear materially on credibility. The court decides whether it is proper and whether an answer is required.
Example 2: Counsel asks about an unrelated personal incident from decades earlier that has almost no bearing on the witness's evidence. The court may reject the question as remote or disproportionate.
Example 3: A witness refuses to answer a question permitted by the court. Whether any adverse inference is justified depends on the statutory conditions and circumstances; it is not an automatic consequence of every refusal.
Related provisions and legal sources
Read Section 146 of the Indian Evidence Act (questions lawful in cross-examination), Section 147 (when a witness must answer), and Section 149 (reasonable grounds for character-related questions).
For primary legal materials, consult the Ministry of Home Affairs - New Criminal Laws and the Bharatiya Sakshya Adhiniyam official text.
Frequently asked questions
Which new section corresponds to Evidence Act Section 148?
Section 151 of the Bharatiya Sakshya Adhiniyam, 2023.
Can every question about a witness's character be asked?
No. The court assesses relevance to credibility, remoteness, proportionality and other statutory safeguards.
Can the court warn a witness that an answer is not required?
Yes. Section 151(1) expressly allows the court to warn a witness, where it thinks fit, that the witness is not obliged to answer.
Does refusal always prove the allegation?
No. The statute permits, but does not require, an unfavourable inference in appropriate circumstances.
Legal note: This article provides general legal information and does not replace advice on the facts and procedural posture of a particular case.