Section 153 BSA: Procedure of Court in case of question being asked without reasonable grounds

Bharatiya Sakshya Adhiniyam, 2023

Section 153 BSA at a Glance

Section 153 BSA deals with procedure of Court in case of question being asked without reasonable grounds. It replaced Section 150 IEA on 1 July 2024.

Was IEA

Section 150 →

Section 153 BSA Bare Act Text

153. Procedure of Court in case of question being asked without reasonable grounds

If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any advocate, report the circumstances of the case to the High Court or other authority to which such advocate is subject in the exercise of his profession.

Source: Section 153, Bharatiya Sakshya Adhiniyam, 2023

Section 153 BSA in Simple Words

Section 153 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court report an advocate who asks a question in court without reasonable grounds (a fair or sensible basis). This rule applies to proceedings from 1 July 2024.

For the rule to apply, the court must form the opinion that the question was put without reasonable grounds. The person who asked the question must be an advocate.

When both conditions are met, the court can send a report setting out the facts of the case. The report is sent to the High Court or to another body that regulates the advocate in professional practice. Because the Adhiniyam uses the word may, the court has a choice and does not have to report the advocate.

When Section 153 BSA Applies

  • The court forms the view that a question was put without a fair or sensible basis.
  • The question was put by an advocate.
  • The court may send an account of the matter to the High Court or another body that regulates that advocate.

Example of Section 153 BSA

In August 2024, during a trial in Chennai, an advocate named Farhan questions a witness named Priya. Farhan puts an accusing question without any reasonable basis to support it. The judge forms the opinion that the question lacked reasonable grounds. Under Section 153 BSA, the court may report the circumstances of Farhan asking that groundless question to the High Court or the authority that regulates the advocate.

Section 153 BSA in the IEA (Previous Law)

Section 153 BSA replaces Section 150 IEA from the old criminal code.

Section 150 of the Indian Evidence Act, 1872 became Section 153 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Barrister, pleader, vakil or attorney" reads "advocate".

FAQs on Section 153 BSA

What is Section 153 BSA?▼

Section 153 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court report an advocate who asks a question without reasonable grounds. The report goes to the High Court or another regulating authority to which the advocate is answerable in professional work.

Is the court required to report an advocate under Section 153 BSA?▼

No. The Adhiniyam uses the word may, so the court has discretion to decide whether to send a report.

Can a report under Section 153 BSA go to an authority other than the High Court?▼

Yes. The court may send the report either to the High Court or to another authority that regulates the advocate in professional practice.

What is Section 153 BSA in IEA?▼

Section 150 IEA. Section 150 IEA became Section 153 BSA on 1 July 2024 with no substantive change, except that barrister, pleader, vakil or attorney reads advocate.

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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 ·