IEA 148 to BSA 151: Court to decide when question shall be asked and when witness compelled to answer
Section 148 IEA (1872) replaced by Section 151 BSA (2023)
IEA 148 to BSA 151 at a Glance
Section 148 IEA (Court to decide when question shall be asked and when witness compelled to answer) is now Section 151 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 148 to BSA 151?
Section 148 of the Indian Evidence Act, 1872 became Section 151 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The matters the Court considers are now lettered (a) to (d).
IEA 148 vs BSA 151: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 148 | 151 |
| Heading | Court to decide when question shall be asked and when witness compelled to answer | Same |
| Sub-sections | 4 sub-sections | 2 sub-sections |
IEA 148 and BSA 151: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 148, IEA 1872
148. Court to decide when question shall be asked and when witness compelled to answer.—If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion, the Court shall have regard to the following considerations:—
(1) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies;
(2) such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies;
(3) such questions are improper if there is a great disproportion between the importance of the imputation made against the witness’s character and the importance of his evidence;
(4) the Court may, if it sees fit, draw, from the witness’s refusal to answer, the inference that the answer if given would be unfavourable.
BSA 2023 (in force)
Section 151, BSA 2023
151. Court to decide when question shall be asked and when witness compelled to answer.—(1) If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it.
(2) In exercising its discretion, the Court shall have regard to the following considerations, namely:—
(a) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies;
(b) such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies;
(c) such questions are improper if there is a great disproportion between the importance of the imputation made against the witness's character and the importance of his evidence;
(d) the Court may, if it sees fit, draw, from the witness’s refusal to answer, the inference that the answer if given would be unfavourable.
When It Applies: IEA 148 vs BSA 151
Under IEA 148
- A witness is asked a question outside the dispute itself that only tests credit (believability) by attacking the character of the witness.
- The court must decide whether the witness has to answer the question, and may warn the witness that answering is not compulsory.
- Under Clause (1), the court treats the question as proper when the truth of the imputation (damaging claim) would seriously affect its view of how believable the witness is.
- Under Clause (4), if the witness refuses to answer, the court may conclude that the answer would have been unfavourable.
Under BSA 151
- Under Sub-section (1), a witness is asked a question outside the dispute itself that only tests credit (believability) by attacking the character of the witness.
- Under Sub-section (1), the court must decide whether the witness has to answer the question, and may warn the witness that answering is not compulsory.
- Under Sub-section (2)(a), the court treats the question as proper when the truth of the imputation (damaging claim) would seriously affect its view of how believable the witness is.
- Under Sub-section (2)(d), if the witness refuses to answer, the court may conclude that the answer would have been unfavourable.
What IEA 148 to BSA 151 Means in Practice
Section 148 IEA became Section 151 BSA on 1 July 2024 with no substantive change, so the same rule applies in court. The provision is divided into Sub-sections (1) and (2), and the considerations for the court are lettered (a) to (d) instead of (1) to (4). Readers should cite Section 151 BSA for matters governed by the BSA.
FAQs: IEA 148 to BSA 151
Did the considerations for deciding whether a character question is proper change in Section 151 BSA?▼
No. The considerations in Section 151(2)(a) to (d) BSA are identical in substance to Clauses (1) to (4) of Section 148 IEA, with the word namely added before the list.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·