Section 152 IEA: Questions intended to insult or annoy

Indian Evidence Act, 1872

Section 152 IEA at a Glance

Section 152 IEA deals with questions intended to insult or annoy. From 1 July 2024 it is replaced by Section 155 BSA.

Now BSA

Section 155 →

Section 152 IEA Bare Act Text

152. 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 152, Indian Evidence Act, 1872

Section 152 IEA in Simple Words

Section 152 of the Indian Evidence Act, 1872 required a court to stop abusive questioning. The court had to forbid any question that appeared to the court to be meant to insult or annoy.

Section 152 IEA also covered questions that were proper in themselves. The court still had to forbid such a question if its form appeared needlessly offensive to the court.

The rule placed a strict duty on the court rather than leaving a choice. Whenever a question appeared to the court to fall into either category, the court had to disallow the question.

When Section 152 IEA Applies

  • The duty applied to the court whenever a question was asked before the court.
  • The court had to forbid a question that appeared to the court to be meant to insult or annoy.
  • The court also had to forbid a question that was proper in itself if its form appeared needlessly offensive to the court.

Example of Section 152 IEA

In 2022, Ramesh testified as a witness in a court in Pune. During questioning, a lawyer asked Ramesh a question phrased in a mocking way to annoy the witness. Even though the topic of the question was proper in itself, the phrasing appeared needlessly offensive to the court. Applying Section 152 IEA, the court forbade the question put to Ramesh.

Section 152 IEA in the BSA

Section 152 IEA is now covered under Section 155 BSA.

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.

View detailed comparison (IEA 152 vs BSA 155) →

FAQs on Section 152 IEA

What is Section 152 IEA?▼

Section 152 of the Indian Evidence Act, 1872 required a court to forbid any question that appeared to the court to be meant to insult or annoy. The court also had to forbid a question that was proper in itself if its form appeared needlessly offensive to the court.

Could a court under Section 152 IEA forbid a question on a proper topic?▼

Yes. Even when a question was proper in itself, Section 152 IEA required the court to forbid the question if its form appeared needlessly offensive to the court.

Did Section 152 IEA give the court a choice to allow a question meant to insult or annoy?▼

No. Section 152 IEA placed a mandatory duty on the court to forbid any question that appeared to the court to be meant to insult or annoy.

What is Section 152 IEA in BSA?▼

Section 155 BSA. 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, Indian Evidence Act, 1872 ·