Section 154 BSA: Indecent and scandalous questions

Bharatiya Sakshya Adhiniyam, 2023

Section 154 BSA at a Glance

Section 154 BSA deals with indecent and scandalous questions. It replaced Section 151 IEA on 1 July 2024.

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Section 154 BSA Bare Act Text

154. Indecent and scandalous questions

The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.

Source: Section 154, Bharatiya Sakshya Adhiniyam, 2023

Section 154 BSA in Simple Words

Section 154 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court stop questions or inquiries that the court views as indecent (offensive to modesty or morals) or scandalous (shameful or insulting to dignity). This provision applies from 1 July 2024.

A court can disallow such a question or inquiry even if it has some link to the issues before the court. However, the court cannot disallow a question that relates to the facts in issue (the central disputed facts being decided in the case).

The court also cannot disallow a question about matters that must be established to decide whether those facts in issue existed. Because the Adhiniyam uses the word may, the court has discretion when deciding whether to forbid an indecent or scandalous question outside those core matters.

When Section 154 BSA Applies

  • A question or inquiry is put in court that the court regards as offensive or shameful.
  • The court may disallow the question or inquiry.
  • This power applies even when the question or inquiry has some connection to the matters before the court.

Example of Section 154 BSA

In September 2024, during a contract trial in Bhopal, an advocate questions a witness named Ramesh about an embarrassing personal rumour. The judge regards the question as indecent and finds that it does not relate to the disputed contract or to any matter needed to decide whether the contract existed. Under Section 154 BSA, the court forbids the advocate from asking Ramesh that indecent question.

When Section 154 BSA Does Not Apply

  • The court cannot forbid the question or inquiry when it relates to the central disputed facts of the case.
  • The court cannot forbid the question or inquiry when it concerns matters that must be established to decide whether the central disputed facts existed.

Section 154 BSA in the IEA (Previous Law)

Section 154 BSA replaces Section 151 IEA from the old criminal code.

Section 151 of the Indian Evidence Act, 1872 became Section 154 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 154 BSA

What is Section 154 BSA?▼

Section 154 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court forbid questions or inquiries that the court regards as indecent or scandalous. The court cannot forbid them when they relate to facts in issue or to matters needed to decide whether those facts existed.

Can a court forbid an indecent question under Section 154 BSA if it has only a slight bearing on the case?▼

Yes. The court may forbid a question that the court regards as indecent or scandalous even when it has some bearing on the matters before the court, unless it relates to facts in issue or matters needed to decide whether those facts existed.

Must a court allow a scandalous question under Section 154 BSA if it is needed to determine whether a fact in issue existed?▼

Yes. The power to forbid indecent or scandalous questions does not apply when the questions relate to facts in issue or to matters needed to determine whether the facts in issue existed.

What is Section 154 BSA in IEA?▼

Section 151 IEA. Section 151 IEA became Section 154 BSA on 1 July 2024 without any change in wording.

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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 ·