Section 149 Evidence Act: Questions Not to Be Asked Without Reasonable Grounds

Section 149 of the Indian Evidence Act, 1872 restricted unsupported allegations against witnesses during cross-examination. Its corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 152, which applies the same core safeguard.

What does Section 152 BSA mean?

A question suggesting wrongdoing or discreditable character must not be put to a witness merely to embarrass or discredit that person. The questioner must have reasonable grounds for believing that the allegation conveyed by the question is well-founded. The requirement applies to the character-related questions referred to in Section 151 BSA, the successor to Section 148 of the Indian Evidence Act.

Statutory rule: Section 149 of the Indian Evidence Act, 1872

Under Section 152 BSA, the corresponding rule uses the same standard and refers instead to Section 151 BSA. This is a change in statutory cross-reference, not a licence to make allegations without supporting grounds.

Four statutory illustrations explained

1. Instructions from a legal professional: Under the former Act, a barrister instructed by an attorney or vakil that an important witness was a dacoit had a reasonable ground to ask about it. The BSA illustration refers to an advocate instructed by another advocate.
2. Information supported by reasons: A pleader informed in court that a witness was a dacoit could ask the question when the informant provided satisfactory reasons. The BSA refers to an advocate.
3. Random allegation: Asking an otherwise unknown witness, without any factual basis, whether the witness is a dacoit is not supported by reasonable grounds.
4. Answers creating a basis: If an otherwise unknown witness gives unsatisfactory answers about their way of life or means of living, those answers may provide reasonable grounds for a further question.

These illustrations distinguish a genuine basis for a question from speculation. They do not mean that the alleged conduct has already been proved.

Court's control and consequences

Section 151 BSA gives the court discretion over questions that affect a witness's credit by injuring character but are otherwise irrelevant to the proceeding. The court considers the importance of the allegation, its bearing on credibility, remoteness and proportionality.

Section 153 BSA provides that, if an advocate asks such a question without reasonable grounds, the court may report the circumstances to the High Court or another authority governing the advocate's professional conduct. This is a discretionary reporting power, not an automatic finding of misconduct.

Practical guidance for cross-examination

• Identify the specific credibility issue that makes the question material.
• Ensure a reliable factual or instructional basis exists before making a serious imputation.
• Avoid speculative, humiliating or disproportionate accusations.
• Be prepared to explain the basis if the court questions the propriety of the suggestion.
• Consider other statutory protections, including the restrictions on indecent, scandalous, insulting or annoying questions under Sections 154 and 155 BSA.

Frequently asked questions

What is the new section corresponding to Section 149 Evidence Act?

It is Section 152 of the Bharatiya Sakshya Adhiniyam, 2023.

Can an advocate challenge the character of a witness?

Questions affecting credibility may be permissible, but character-imputing questions of the relevant kind require reasonable grounds and remain subject to the court's control and other statutory safeguards.

Must the allegation be conclusively proved before the question is asked?

No. The rule requires reasonable grounds for thinking the imputation well-founded; it does not require a prior final finding that the allegation is true.

What happens if a question is asked without reasonable grounds?

Under Section 153 BSA, the court may report an advocate's conduct to the appropriate professional authority or High Court, depending on the circumstances.

Official legislation and references

This article is for general legal information. The applicable procedural and evidentiary law depends on the proceeding and transitional provisions.