Section 152 BSA: Question not to be asked without reasonable grounds

Bharatiya Sakshya Adhiniyam, 2023

Section 152 BSA at a Glance

Section 152 BSA deals with question not to be asked without reasonable grounds. It replaced Section 149 IEA on 1 July 2024.

Was IEA

Section 149 →

Section 152 BSA Bare Act Text

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.

Source: Section 152, Bharatiya Sakshya Adhiniyam, 2023

Section 152 BSA in Simple Words

Section 152 of the Bharatiya Sakshya Adhiniyam, 2023 applies from 1 July 2024 and stops a person from asking a question referred to in Section 151 BSA (where the court decides when a question is to be asked and when a witness is forced to answer) without a sound basis. The person asking the question must have reasonable grounds to think that the imputation (damaging claim) conveyed by the question is well-founded.

Under Illustration (a), an advocate has a reasonable ground to ask whether a key witness is a dacoit (armed gang robber) when told of that claim by another advocate. Under Illustration (b), an advocate also has a reasonable ground when an informant in court makes that claim and provides satisfactory reasons after the advocate questions that informant.

Under Illustration (c), asking a completely unknown witness at random about being a dacoit has no reasonable grounds. Under Illustration (d), if an unknown witness gives unsatisfactory answers to questions about daily life and means of living, those answers may create a reasonable ground for asking the question.

When Section 152 BSA Applies

  • 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.

Example of Section 152 BSA

In September 2024, Farhan testifies as a key witness in a Lucknow court during a contract dispute. Before cross-examination, another advocate briefs the questioning advocate with specific records showing that Farhan has been involved in smuggling goods. Because the briefing from the other advocate provides a sound basis to think the accusation is well-founded, asking the smuggling question complies with Section 152 BSA. Under Section 152 BSA and Illustration (a), the questioning advocate has a reasonable ground to ask Farhan about the smuggling of goods.

When Section 152 BSA Does Not Apply

  • The bar against asking the question does not apply when the person asking has reasonable grounds to think that the imputation (damaging claim) is well-founded.
  • Under Illustration (c), a witness about whom nothing is known cannot be asked an accusing question at random, as there are no reasonable grounds for the question.

Section 152 BSA in the IEA (Previous Law)

Section 152 BSA replaces Section 149 IEA from the old criminal code.

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".

FAQs on Section 152 BSA

What is Section 152 BSA?▼

Section 152 of the Bharatiya Sakshya Adhiniyam, 2023 provides that a question of the kind referred to in Section 151 BSA must not be asked unless the questioner has reasonable grounds to think that the imputation (damaging claim) it conveys is well-founded.

Does a briefing from another advocate give reasonable grounds under Section 152 BSA?▼

Yes. Under Illustration (a) of Section 152 BSA, when an advocate is instructed by another advocate about an accusation against an important witness, that instruction is a reasonable ground for asking the witness the question.

Is information from a person in court enough under Section 152 BSA?▼

Yes, if supported by satisfactory reasons. Under Illustration (b) of Section 152 BSA, when an advocate questions an informant in court and the informant gives satisfactory reasons for the statement, the advocate has a reasonable ground to ask the question.

What is Section 152 BSA in IEA?▼

Section 149 IEA. Section 152 BSA replaced Section 149 IEA on 1 July 2024 with no substantive change. The illustrations in Section 152 BSA replace barrister, pleader, attorney and vakil with advocate, and replace dakait with dacoit.

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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 ·