Section 151 BSA: Court to decide when question shall be asked and when witness compelled to answer

Bharatiya Sakshya Adhiniyam, 2023

Section 151 BSA at a Glance

Section 151 BSA deals with court to decide when question shall be asked and when witness compelled to answer. It replaced Section 148 IEA on 1 July 2024.

Was IEA

Section 148 →

Section 151 BSA Bare Act Text

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.

Source: Section 151, Bharatiya Sakshya Adhiniyam, 2023

Section 151 BSA in Simple Words

Section 151 of the Bharatiya Sakshya Adhiniyam, 2023 applies from 1 July 2024 when a question does not relate to the dispute in a suit (civil case) or proceeding, except to test credit (believability) by hurting the character of a witness. Under Sub-section (1), the court must decide whether to force the witness to answer, and may warn the witness that answering is not compulsory.

Under Sub-section (2), when using this discretion (power to decide), the court must weigh the considerations in Clauses (a) to (d). Under Clause (a), a question is proper if the truth of its imputation (damaging claim) would seriously affect how the court views how believable the witness is on the testimony given.

Under Clause (b), a question is improper if the claim is so distant in time, or of such a nature, that its truth would not affect, or would barely affect, that credibility. Under Clause (c), a question is improper if the attack on character is far heavier than the importance of the testimony of the witness.

Under Clause (d), if the witness refuses to answer, the court may, if it sees fit, draw an inference (conclusion) that the answer would be unfavourable.

When Section 151 BSA Applies

  • 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.

Example of Section 151 BSA

In August 2024, Priya appears as a witness in a Jaipur court only to verify the date on a rent receipt. During cross-examination, the opposing advocate asks a question accusing Priya of an old neighbourhood quarrel from childhood to damage character. Because the accusation is distant in time and far out of proportion to the minor testimony about the receipt date, the court applies Section 151(1) BSA along with Sub-section (2)(b) and (c). The Jaipur court holds the question improper and warns Priya that answering the question about the childhood quarrel is not required.

When Section 151 BSA Does Not Apply

  • Under Sub-section (2)(b), a question is improper when the accusation relates to a matter so distant in time or of such a nature that its truth would not affect, or would only slightly affect, the opinion of the court on the credibility of the witness.
  • Under Sub-section (2)(c), a question is improper when there is a great disproportion between the weight of the accusation against the character of the witness and the importance of the testimony of that witness.

Section 151 BSA in the IEA (Previous Law)

Section 151 BSA replaces Section 148 IEA from the old criminal code.

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).

FAQs on Section 151 BSA

What is Section 151 BSA?▼

Section 151 of the Bharatiya Sakshya Adhiniyam, 2023 is the provision under which the court decides whether a witness must answer a question that only attacks character to test credibility. Sub-section (2) sets out the considerations in Clauses (a) to (d) for deciding whether such a question is proper or improper.

Can the court tell a witness under Section 151(1) BSA that answering a character question is optional?▼

Yes. Under Section 151(1) BSA, when a question relates only to testing credit by injuring character, the court may, if it thinks fit, warn the witness that the witness is not obliged to answer.

What can the court conclude under Section 151(2)(d) BSA if a witness refuses to answer?▼

An unfavourable answer. Under Section 151(2)(d) BSA, the court may, if it sees fit, draw an inference from the refusal of the witness to answer that the answer, if given, would be unfavourable.

What is Section 151 BSA in IEA?▼

Section 148 IEA. Section 151 BSA replaced Section 148 IEA on 1 July 2024 with no substantive change. The considerations that were numbered (1) to (4) in Section 148 IEA are lettered (a) to (d) in Sub-section (2) of Section 151 BSA.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·