Section 149 IEA: Question not to be asked without reasonable grounds

Indian Evidence Act, 1872

Section 149 IEA at a Glance

Section 149 IEA deals with question not to be asked without reasonable grounds. From 1 July 2024 it is replaced by Section 152 BSA.

Now BSA

Section 152 →

Section 149 IEA Bare Act Text

149. Question not to be asked without reasonable grounds
No such question as is referred to in section 148 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) A barrister is instructed by an attorney or vakil that an important witness is a dakait. This is a reasonable ground for asking the witness whether he is a dakait.
(b) A pleader is informed by a person in Court that an important witness is a dakait. The informant, on being questioned by the pleader, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dakait.
(c) A witness, of whom nothing whatever is known is asked at random whether he is a dakait. There are here no reasonable ground 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 dakait.

Source: Section 149, Indian Evidence Act, 1872

Section 149 IEA in Simple Words

Section 149 of the Indian Evidence Act, 1872 stops a person from asking a question referred to in Section 148 IEA (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), a barrister (trial lawyer) has a reasonable ground to ask whether a key witness is a dakait (armed gang robber) when briefed by an attorney or vakil (lawyer). Under Illustration (b), a pleader (lawyer) also has a reasonable ground when an informant in court makes that claim and provides satisfactory reasons after the pleader questions that informant.

Under Illustration (c), asking a completely unknown witness at random about being a dakait has no reasonable ground. 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 149 IEA Applies

A person in court wants to ask a witness a question of the kind covered by Section 148 IEA, 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), a barrister (trial lawyer) briefed by an attorney or vakil (lawyer), or a pleader (lawyer) 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 149 IEA

In 2021, Anita testifies as a witness in a Bhopal court during a property trial. During cross-examination, the opposing lawyer, who knows nothing at all about Anita, asks at random whether the witness has forged bank cheques. Because the question carries a damaging accusation and the lawyer has no basis to think the claim is well-founded, asking the random cheque-forgery question violates Section 149 IEA. Under Section 149 IEA and Illustration (c), there is no reasonable ground for asking Anita the random question about forging bank cheques.

When Section 149 IEA 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 is no reasonable ground for the question.

Section 149 IEA in the BSA

Section 149 IEA is now covered under Section 152 BSA.

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".

View detailed comparison (IEA 149 vs BSA 152) →

FAQs on Section 149 IEA

What is Section 149 IEA?▼

Section 149 of the Indian Evidence Act, 1872 states that a question of the kind referred to in Section 148 IEA must not be asked unless the questioner has reasonable grounds to think that the imputation (damaging claim) it conveys is well-founded.

Can a lawyer ask an unknown witness an accusing question at random under Section 149 IEA?▼

No. As shown in Illustration (c) of Section 149 IEA, when nothing is known about a witness and an accusing question is asked at random, there is no reasonable ground for the question.

Do unsatisfactory answers about how a witness makes a living give reasonable grounds under Section 149 IEA?▼

Yes. Under Illustration (d) of Section 149 IEA, if an unknown witness gives unsatisfactory answers when questioned about daily life and means of living, that may be a reasonable ground for asking an accusing question.

What is Section 149 IEA in BSA?▼

Section 152 BSA. Section 149 IEA became Section 152 BSA on 1 July 2024 with no substantive change. The illustrations in Section 152 BSA use the word advocate instead of barrister, pleader, attorney and vakil, and use the spelling dacoit instead of dakait.

Have questions about Section 149 IEA?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·