IEA 149 to BSA 152: Question not to be asked without reasonable grounds
Section 149 IEA (1872) replaced by Section 152 BSA (2023)
IEA 149 to BSA 152 at a Glance
Section 149 IEA (Question not to be asked without reasonable grounds) is now Section 152 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 149 to BSA 152?
Section 149 of the Indian Evidence Act, 1872 became Section 152 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Illustrations read "advocate" for "barrister", "pleader", "attorney" and "vakil", and "dacoit" for "dakait".
IEA 149 vs BSA 152: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 149 | 152 |
| Heading | Question not to be asked without reasonable grounds | Same |
| Cross-references | s.148 | s.151 |
IEA 149 and BSA 152: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 149, IEA 1872
149. Question not to be asked without reasonable grounds.—No such question as is referred to in section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded.
Illustrations
(a) A barrister is instructed by an attorney or vakil that an important witness is a dakait. This is a reasonable ground for asking the witness whether he is a dakait.
(b) A pleader is informed by a person in Court that an important witness is a dakait. The informant, on being questioned by the pleader, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dakait.
(c) A witness, of whom nothing whatever is known is asked at random whether he is a dakait. There are here no reasonable ground for the question.
(d) 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 dakait.
BSA 2023 (in force)
Section 152, BSA 2023
152. Question not to be asked without reasonable grounds.—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.
Illustrations.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
When It Applies: IEA 149 vs BSA 152
Under IEA 149
- A person in court wants to ask a witness a question of the kind covered by Section 148 IEA, where the court decides when a question is to be asked and when a witness is forced to answer.
- The person asking the question must have reasonable grounds to think that the imputation (damaging claim) carried by the question is well-founded.
- Under Illustrations (a) and (b), a barrister (trial lawyer) briefed by an attorney or vakil (lawyer), or a pleader (lawyer) who questions an informant in court and gets satisfactory reasons, has a reasonable ground to ask the question.
- Under Illustration (d), when an unknown witness gives unsatisfactory answers to questions about daily life and means of living, that may form a reasonable ground to ask the question.
Under BSA 152
- A person in court wants to ask a witness a question of the kind covered by Section 151 BSA, where the court decides when a question is to be asked and when a witness is forced to answer.
- The person asking the question must have reasonable grounds to think that the imputation (damaging claim) carried by the question is well-founded.
- Under Illustrations (a) and (b), an advocate briefed by another advocate, or an advocate who questions an informant in court and gets satisfactory reasons, has a reasonable ground to ask the question.
- Under Illustration (d), when an unknown witness gives unsatisfactory answers to questions about daily life and means of living, that may form a reasonable ground to ask the question.
What IEA 149 to BSA 152 Means in Practice
Section 149 IEA became Section 152 BSA on 1 July 2024 with no substantive change, so the same rule requiring reasonable grounds before asking an accusing question applies in court. In the illustrations, the words barrister, pleader, attorney and vakil are replaced with advocate, and dakait is replaced with dacoit. Readers should cite Section 152 BSA for matters governed by the BSA.
FAQs: IEA 149 to BSA 152
Did the legal terms in the illustrations change between Section 149 IEA and Section 152 BSA?▼
Yes. Illustrations (a) to (d) in Section 152 BSA use the word advocate instead of barrister, pleader, attorney and vakil, and use the spelling dacoit instead of dakait, while the cross-reference updates from Section 148 IEA to Section 151 BSA.
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 ·