Section 152 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 152 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, in English:
📘 Section 152 – Question Not to Be Asked Without Reasonable Grounds
Text of Section 152:
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.(vidhiadda.com)
Illustrations:
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.(vidhiadda.com)
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.(vidhiadda.com)
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.(vidhiadda.com)
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.(vidhiadda.com)
🔍 Understanding the Provision
Section 152 emphasizes that questions posed to witnesses should not be arbitrary or baseless. If a question implies something damaging about the witness (such as criminal behavior), the person asking it must have reasonable grounds to believe that the implication is true. This ensures that the questioning process is fair and not used to harass or defame witnesses without justification.
🧩 Key Points
Reasonable Grounds Required: Before asking a question that implies a negative or damaging fact about a witness, the questioner must have a reasonable basis for believing that the implication is true.(indiacode.nic.in)
Prevents Arbitrary Questioning: This provision prevents the use of questioning as a tool for harassment or to unfairly attack a witness's character without evidence.
Ensures Fairness in Legal Proceedings: By requiring reasonable grounds for such questions, Section 152 upholds the integrity of the legal process and protects witnesses from unjust treatment.
⚖️ Importance of Section 152
Protects Witnesses: It safeguards witnesses from being subjected to baseless or malicious questioning that could harm their reputation or dignity.
Maintains Judicial Integrity: Ensures that the questioning of witnesses is conducted with respect and based on substantiated information, thereby maintaining the credibility of the judicial process.
Promotes Justice: By preventing unjust questioning, it helps in delivering fair and just outcomes in legal proceedings.
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