Section 152 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023

11 Jun 2025 --
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Section 152 — Question Not to Be Asked Without Reasonable Grounds

Text (simplified):
A question that is intended to affect a witness’s character cannot be asked unless the person asking it has reasonable grounds to believe that the matter suggested in the question is true.

Key Points

Purpose:

Protects witnesses from unfair, baseless, or malicious questioning.

Ensures that a witness’s reputation is not attacked without justification.

Who it applies to:

Any person who wants to ask a witness a question about their character or conduct.

Requirement:

There must be reasonable grounds for the question.

Reasonable grounds mean there is some credible evidence, prior information, or factual basis suggesting that the question could be relevant and true.

Connection with Section 151:

Section 151 deals with questions affecting a witness’s character.

Section 152 ensures that such questions are not allowed unless justified.

Illustrations (examples)

Permissible Question:

A lawyer has information from reliable sources that a witness may have committed fraud.

Based on this, the lawyer asks the witness about the alleged fraud.

This is allowed because there are reasonable grounds.

Not Permissible Question:

A lawyer randomly asks a witness if they are dishonest, with no evidence or prior information.

This is not allowed because there are no reasonable grounds.

Conditional Ground:

If a witness gives suspicious or conflicting statements during testimony, the lawyer may have reasonable grounds to ask questions about their character.

Legal Principle

Intent + Reasonable Basis: It is not enough that the question could affect a witness’s character; the person asking must intend to ask it with a factual basis.

Prevents Harassment: Ensures witnesses are not subjected to harassment, intimidation, or defamation during examination.

Judicial Discretion: Courts decide whether the grounds for asking such a question are reasonable.