Section 151 IEA: Indecent and scandalous questions
Indian Evidence Act, 1872
Section 151 IEA at a Glance
Section 151 IEA deals with indecent and scandalous questions. From 1 July 2024 it is replaced by Section 154 BSA.
Section 151 IEA Bare Act Text
151. 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 151, Indian Evidence Act, 1872
Section 151 IEA in Simple Words
Section 151 of the Indian Evidence Act, 1872 lets a court stop anyone from asking questions or making inquiries that the court considers indecent (offensive to modesty or morals) or scandalous (shameful or damaging to dignity).
The court can block such a question or inquiry even when it has some connection to the matters being heard. However, the court cannot stop the question if it is directly about the facts in issue (the main disputed facts that the case turns on).
The court also cannot stop the question if the answer is needed to find out whether those main disputed facts existed. Because the Act uses the word may, stopping an indecent or scandalous question outside those core matters is at the discretion of the court.
When Section 151 IEA Applies
- A question or inquiry is put in court that the court considers offensive or shameful.
- The court may disallow the question or inquiry.
- This power applies even though the question or inquiry has some link to the issues before the court.
Example of Section 151 IEA
When Section 151 IEA Does Not Apply
- The court cannot forbid the question or inquiry when it is about the main 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 main disputed facts existed.
Section 151 IEA in the BSA
Section 151 IEA is now covered under Section 154 BSA.
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.
View detailed comparison (IEA 151 vs BSA 154) →FAQs on Section 151 IEA
What is Section 151 IEA?▼
Section 151 of the Indian Evidence Act, 1872 lets a court forbid questions or inquiries that the court regards as indecent or scandalous. The court can block them unless they concern the facts in issue or matters needed to decide whether those facts existed.
Can a court forbid a scandalous question under Section 151 IEA even if it has some connection to the case?▼
Yes. The court may forbid an indecent or scandalous question even when it has some bearing on the matters before the court, as long as it does not relate to the facts in issue or matters needed to decide whether those facts existed.
Can a court forbid an indecent question under Section 151 IEA when it relates directly to a fact in issue?▼
No. 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 those facts existed.
What is Section 151 IEA in BSA?▼
Section 154 BSA. Section 151 IEA became Section 154 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·