Section 148 IEA: Court to decide when question shall be asked and when witness compelled to answer
Indian Evidence Act, 1872
Section 148 IEA at a Glance
Section 148 IEA deals with court to decide when question shall be asked and when witness compelled to answer. From 1 July 2024 it is replaced by Section 151 BSA.
Section 148 IEA Bare Act Text
148. Court to decide when question shall be asked and when witness compelled to answer
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. In exercising its discretion, the Court shall have regard to the following considerations:—
(1) 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;
(2) 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;
(3) 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;
(4) 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 148, Indian Evidence Act, 1872
Section 148 IEA in Simple Words
Section 148 of the Indian Evidence Act, 1872 applies 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. The court must decide whether to force the witness to answer. If the court thinks fit, it may warn the witness that answering is not compulsory.
In using this discretion (power to decide), the court must weigh the considerations in Clauses (1) to (4). Under Clause (1), 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 (2), 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 (3), a question is improper if the attack on character is far heavier than the importance of the testimony of the witness.
Under Clause (4), 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 148 IEA Applies
- A witness is asked a question outside the dispute itself that only tests credit (believability) by attacking the character of the witness.
- The court must decide whether the witness has to answer the question, and may warn the witness that answering is not compulsory.
- Under Clause (1), 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 Clause (4), if the witness refuses to answer, the court may conclude that the answer would have been unfavourable.
Example of Section 148 IEA
When Section 148 IEA Does Not Apply
- Under Clause (2), 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 Clause (3), 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 148 IEA in the BSA
Section 148 IEA is now covered under Section 151 BSA.
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).
View detailed comparison (IEA 148 vs BSA 151) →FAQs on Section 148 IEA
What is Section 148 IEA?▼
Section 148 of the Indian Evidence Act, 1872 is the provision that gives the court the power to decide whether a witness must answer a question that only attacks character to test credibility. It also lists the considerations in Clauses (1) to (4) for deciding when such questions are proper or improper.
Can the court warn a witness under Section 148 IEA that answering a character-attacking question is not compulsory?▼
Yes. When a question is relevant only to test credit by injuring character, the court may, if it thinks fit, warn the witness that the witness is not obliged to answer.
Can a refusal to answer a question under Section 148 IEA be held against the witness?▼
Yes. Under Clause (4) of Section 148 IEA, the court may, if it sees fit, draw an inference from the refusal to answer that the answer would have been unfavourable.
What is Section 148 IEA in BSA?▼
Section 151 BSA. Section 148 IEA became Section 151 BSA on 1 July 2024 with no substantive change. In Section 151 BSA, the rule is divided into Sub-sections (1) and (2) and the considerations for the court are lettered (a) to (d).
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·