Section 154 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 154 of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023:
📜 Section 154: Indecent and Scandalous Questions
Text of Section 154:
The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.(jurisquest.com)
🔍 Meaning and Application
Section 154 empowers the court to disallow questions or inquiries during legal proceedings that it deems to be indecent or scandalous. Even if such questions have some relevance to the case, they can be prohibited unless they pertain directly to the facts in issue or are essential to determine the existence of those facts.
Key Points:
Discretion of the Court: The court has the discretion to decide whether a question is indecent or scandalous.
Relevance: Questions that are irrelevant or intended to insult or annoy a witness can be disallowed.(indiacode.nic.in)
Exceptions: Questions that are directly related to the facts in issue or are necessary to determine those facts may be permitted, even if they are indecent or scandalous.(jurisquest.com)
⚖️ Illustrative Example
Scenario:
In a defamation case, the defendant's counsel asks the plaintiff about their past sexual history.
Application of Section 154:
The court may deem such questions as indecent or scandalous.(snappar.com)
Unless the plaintiff's sexual history is directly relevant to the case, the court has the authority to disallow such questions.
🧭 Purpose and Importance
Protects Witness Dignity: Ensures that witnesses are not subjected to questions that are intended to insult or degrade them.
Promotes Fair Trials: Helps maintain the decorum of the court and ensures that the proceedings focus on relevant facts.
Prevents Abuse: Prevents the misuse of the questioning process to harass or intimidate witnesses.
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