Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023 –
Court to Decide When a Question Shall Be Asked and When a Witness Is Compelled to Answer (Section 151)

Case Scenario (Beginning as Required)In a murder trial, an eyewitness is cross-examined by the defence. The defence counsel asks a question suggesting that the witness was once associated with a criminal gang. The prosecution objects, arguing that the question is irrelevant and intended only to damage the witness’s character. The court must now decide whether the question should be allowed and whether the witness can be compelled to answer it.
This situation is governed by Section 151 of the Bharatiya Sakshya Adhiniyam, 2023.

Purpose of Section 151Section 151 entrusts the court with the delicate responsibility of controlling questioning of witnesses, especially where:

• The question does not relate to facts in issue, and
• Is intended only to shake the credit of the witness by injuring his character

The section ensures that:

• Only relevant and necessary questions are compelled
• Witnesses are protected from unnecessary character attacks
• Judicial proceedings remain fair and focused on truth

Section 151(1) – Statutory Rule (Explained Simply)Section 151(1) provides that:

• When a question:
  • Relates to a matter not relevant to the suit or proceeding, and
  • Affects the credit of the witness by injuring his character,

👉 The Court shall decide:

• Whether the witness should be compelled to answer, or
• Whether the witness may refuse to answer

The Court may also:

• Warn the witness that he is not obliged to answer such a question.

Thus, in such cases, the decision rests entirely on the judicial discretion of the court.

Section 151(2) – Considerations Guiding the Court’s DiscretionWhile exercising discretion, the Court must consider the following factors:

(a) Proper QuestionsA question is proper if:

• The truth of the imputation conveyed by it
• Would seriously affect the Court’s opinion about the credibility of the witness
• On the matter to which he is testifying

📌 Example:
If a witness is alleged to have been a member of the accused’s gang earlier, and this fact, if true, would seriously affect his credibility, the question is proper.

(b) Improper Questions Due to Remoteness or CharacterA question is improper if:

• The imputation relates to matters too remote in time, or
• Is of such a character that:
  • Even if true, it would not materially affect the credibility of the witness

📌 Example:
Asking a witness about a 30-year-old conviction when he appears only as a surety is improper.

(c) Disproportion Between Imputation and EvidenceA question is improper if:

• There is a great disproportion between:
  • The seriousness of the imputation, and
  • The importance of the evidence given by the witness

📌 Example:
A witness testifying only about a date of birth cannot be asked whether he belonged to a gang of dacoits. The imputation is far too serious compared to the importance of his testimony.

(d) Inference from Refusal to AnswerIf:

• The Court allows a proper question, and
• The witness refuses to answer it,

👉 The Court may draw an inference that:

• The answer, if given, would have been unfavourable to the witness.

This inference is discretionary, not mandatory.

Scope of Section 151

• When character is directly relevant to the issue:
  • The witness must answer
• When character is relevant only to shake credibility:
  • The Court decides whether the question should be answered

Thus, Section 151 places the court in the role of a gatekeeper.

Discretion of the Court in Questions Affecting Credit (Note Form)In deciding whether to compel an answer, the court considers:

1. Seriousness of the imputation
2. Relevance to credibility
3. Remoteness in time
4. Proportionality between accusation and testimony
5. Overall fairness of the trial

Illustrative Examples ExplainedImproper Question

• Asking an eyewitness whether he is cruel to his wife
  ✔ Even if true, it does not affect his credibility as an eyewitness

Proper Question

• Asking whether the witness was once part of the accused’s gang
  ✔ If true, it seriously affects credibility

Relationship with Other Sections

• Section 151 → Court decides whether to compel answers
• Section 152 → Requires reasonable grounds for imputations
• Section 153 → Procedure if questions are asked without reasonable grounds
• Sections 154–155 → Court’s power to forbid indecent or insulting questions

Together, these provisions ensure balanced and ethical examination of witnesses.

Critical AnalysisStrengths

1. Protects witnesses from unfair character attacks
2. Ensures relevance and proportionality
3. Empowers judges to control proceedings
4. Maintains focus on facts in issue
5. Promotes fairness and dignity

Limitations

1. Heavy reliance on judicial discretion
2. Risk of inconsistent application
3. Difficulty in balancing truth-finding with witness protection

10 Illustrative Case Scenarios

1. Proper question affecting credibility allowed
2. Remote character allegation disallowed
3. Disproportionate imputation rejected
4. Witness warned he need not answer
5. Refusal leads to adverse inference
6. Serious credibility issue explored
7. Minor issue protected
8. Judicial discretion exercised fairly
9. Witness dignity preserved
10. Truth-finding balanced with fairness

ConclusionSection 151 of the Bharatiya Sakshya Adhiniyam, 2023 vests courts with the crucial responsibility of deciding when a question should be asked and when a witness should be compelled to answer. By laying down clear guiding principles—seriousness, relevance, remoteness, and proportionality—the section ensures that examination of witnesses serves the ends of justice without degenerating into character assassination.
Ultimately, Section 151 strikes a careful balance between discovering the truth and protecting the dignity of witnesses, reinforcing the court’s role as the guardian of fair trial.