Bharatiya Sakshya Adhiniyam, 2023 · Section 152

BSA 152: earlier IEA 149

Section 152 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 149 of the Indian Evidence Act, 1872. BSA 152 deals with question not to be asked without reasonable grounds. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 152 was IEA 149.

Question not to be asked without reasonable grounds.

Carried over
87% of the old wording kept
Old · IEA 1872 · Ch. X
s. 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 wellfounded.
Illustrations
(a) A barrister is instructed by an attorney or vakil that an important witness is a dakait. This is a 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 informant, on being questioned by the pleader, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dakait. OF THE EXAMINATION OF WITNESSES S. 153)
(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 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 dakait.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. X
s. 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.
Text from India Code

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