Section 155 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
๐ Section 155 โ Questions Intended to Insult or Annoy
Text:
The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form.(apnilaw.com)
๐งพ Detailed Explanation
Section 155 of the Bharatiya Sakshya Adhiniyam, 2023, addresses the conduct of questioning during legal proceedings. It empowers the court to disallow any question that it deems intended to insult or annoy a witness, or any question that, while proper in substance, is framed in a manner that is unnecessarily offensive.
The primary objective of this provision is to maintain the decorum of the court and to ensure that witnesses are treated with respect and dignity. It aims to prevent the use of questioning techniques that could intimidate, harass, or demean a witness, thereby ensuring that the testimony provided is genuine and not influenced by undue pressure or discomfort.
โ๏ธ Legal Significance
Protects Witnesses: By prohibiting insulting or annoying questions, this section safeguards witnesses from potential abuse or mistreatment during testimony.(indiacode.nic.in)
Ensures Fair Testimony: It helps in obtaining truthful and unbiased testimony by preventing tactics that could coerce or manipulate a witness.
Upholds Court Decorum: The section contributes to maintaining a respectful and orderly environment in the courtroom, which is essential for the administration of justice.
๐งญ Practical Application
In practice, when a lawyer attempts to ask a question that could insult or annoy a witness, the opposing counsel may object. The judge will then assess the nature of the question and determine whether it violates the principles outlined in Section 155. If the question is found to be inappropriate, the judge has the authority to disallow it.(indiacode.nic.in)
This provision ensures that the questioning process remains focused on eliciting relevant information and does not devolve into personal attacks or harassment.
In summary, Section 155 of the Bharatiya Sakshya Adhiniyam, 2023, plays a crucial role in preserving the integrity of legal proceedings by ensuring that witnesses are treated with respect and that the questioning process remains fair and just.
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