Section 150 Indian Evidence Act: Court Procedure for Questions Asked Without Reasonable Grounds
Section 150 of the Indian Evidence Act, 1872 empowered courts to report improper questions asked by legal practitioners without reasonable grounds. Its corresponding provision under the current Bharatiya Sakshya Adhiniyam, 2023 is Section 153.
Section 150 of the Indian Evidence Act, 1872 - Original provision
If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any barrister, pleader, vakil or attorney, report the circumstances of the case to the High Court or other authority to which such barrister, pleader, vakil or attorney is subject in the exercise of his profession.
Section 153 of the Bharatiya Sakshya Adhiniyam, 2023
The current corresponding provision is titled "Procedure of Court in case of question being asked without reasonable grounds."
If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any advocate, report the circumstances of the case to the High Court or other authority to which such advocate is subject in the exercise of his profession.
Read the official text of the Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).
Meaning and scope of the provision
Questions without reasonable grounds are questions implying misconduct or discreditable character where the questioner lacks a reasonable basis for believing the allegation is well-founded. The law does not prohibit legitimate challenges to credibility; it addresses unfounded imputations during witness examination.
Judicial discretion: The word "may" gives the court discretion to report the circumstances. The provision does not itself impose an automatic penalty, establish guilt or require every improper question to be referred.
Professional accountability: Where an advocate asks such a question, the court may report the circumstances to the High Court or another authority responsible for that advocate's professional conduct. Any further action is governed by the relevant professional and disciplinary framework.
Relationship with Sections 151 and 152 BSA
- Section 151: The court determines whether certain questions affecting a witness's credit by injuring character should be asked and whether an answer may be compelled.
- Section 152: Such questions must not be asked without reasonable grounds for believing the imputation is well-founded.
- Section 153: Provides the court's reporting power when a question is asked without reasonable grounds.
- Sections 154 and 155: Address indecent or scandalous questions and questions intended to insult or annoy.
Practical example
During cross-examination, an advocate alleges that a witness committed a serious offence without receiving any reliable information or having any reasonable basis for the allegation. If the court concludes the question was asked without reasonable grounds, Section 153 permits the court to report the circumstances to the competent professional authority. The precise outcome depends on the facts and any subsequent proceedings.
Important points for advocates and witnesses
- Advocates should identify a reasonable factual basis before asking questions that impute wrongdoing or damage character.
- A witness may seek the court's protection against improper questioning; the court controls the examination.
- A report under Section 153 is discretionary and distinct from any disciplinary finding.
- For proceedings begun before 1 July 2024, examine the savings provisions and procedural context before deciding which evidence law applies.
Frequently asked questions
What replaced Section 150 of the Indian Evidence Act?
Section 153 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding provision.
Can a court punish an advocate automatically under Section 153?
No. Section 153 authorizes the court to report the circumstances to an appropriate authority; it does not itself prescribe automatic punishment.
What are reasonable grounds for questioning a witness's character?
There must be a reasonable basis for believing the imputation is well-founded. Mere speculation or a random accusation is not enough. Section 152 and its illustrations explain the principle.
Official legal reference
Bharatiya Sakshya Adhiniyam, 2023 - Act 47 of 2023 (India Code). For older cases, refer also to the Indian Evidence Act, 1872 and applicable transitional provisions.
This article provides general legal information and is not a substitute for advice based on the facts of a particular case.