Section 155 BSA: Questions intended to insult or annoy

Bharatiya Sakshya Adhiniyam, 2023

Section 155 BSA at a Glance

Section 155 BSA deals with questions intended to insult or annoy. It replaced Section 152 IEA on 1 July 2024.

Was IEA

Section 152 →

Section 155 BSA Bare Act Text

155. Questions intended to insult or annoy

The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form.

Source: Section 155, Bharatiya Sakshya Adhiniyam, 2023

Section 155 BSA in Simple Words

Section 155 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to stop abusive questioning. The court must forbid any question that appears to the court to be meant to insult or annoy.

Section 155 BSA also covers questions that are proper in themselves. The court still has to forbid such a question if its form appears needlessly offensive to the court.

The rule places a strict duty on the court rather than leaving a choice. Whenever a question appears to the court to fall into either category, the court must disallow the question.

When Section 155 BSA Applies

  • The duty applies to the court whenever a question is asked before the court.
  • The court must forbid a question that appears to the court to be meant to insult or annoy.
  • The court must also forbid a question that is proper in itself if its form appears needlessly offensive to the court.

Example of Section 155 BSA

In 2025, Ramesh testifies as a witness in a court in Pune. During questioning, a lawyer asks Ramesh a question phrased in a mocking way to annoy the witness. Even though the topic of the question is proper in itself, the phrasing appears needlessly offensive to the court. Applying Section 155 BSA, the court forbids the question put to Ramesh.

Section 155 BSA in the IEA (Previous Law)

Section 155 BSA replaces Section 152 IEA from the old criminal code.

Section 152 of the Indian Evidence Act, 1872 became Section 155 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 155 BSA

What is Section 155 BSA?▼

Section 155 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to forbid any question that appears to the court to be meant to insult or annoy. The court must also forbid a question that is proper in itself if its form appears needlessly offensive to the court.

Can a court under Section 155 BSA forbid a question on a proper topic?▼

Yes. Even when a question is proper in itself, Section 155 BSA requires the court to forbid the question if its form appears needlessly offensive to the court.

Does Section 155 BSA give the court a choice to allow a question meant to insult or annoy?▼

No. Section 155 BSA places a mandatory duty on the court to forbid any question that appears to the court to be meant to insult or annoy.

What is Section 155 BSA in IEA?▼

Section 152 IEA. Section 152 IEA became Section 155 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 ·