​Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023 –
Indecent and Scandalous Questions (Section 154)

Case Scenario
​During the cross-examination of a witness in a criminal trial, the defence counsel begins asking questions about the witness’s private life and past conduct which are embarrassing and offensive. The prosecution objects, arguing that such questions are indecent and unnecessary. The defence replies that these questions have some connection with the case. The judge must now decide whether such questioning should be permitted.
This situation is governed by Section 154 of the Bharatiya Sakshya Adhiniyam, 2023.

Meaning of Indecent and Scandalous Questions

• Indecent questions are those which offend modesty, morality, or propriety.
• Scandalous questions are those which disgrace or defame a person by imputing immoral, improper, or disgraceful conduct.

Such questions are generally considered harmful because they:

• Humiliate witnesses
• Distract the court from the real issues
• Turn trials into inquiries into personal character rather than facts in issue

Section 154 – Statutory Provision (Explained Simply)Section 154 provides that:

• The Court may forbid any question or inquiry which it considers indecent or scandalous,
• Even though such question or inquiry may have some bearing on the questions before the court.

Important ExceptionHowever, the court cannot forbid such questions if:

• They relate directly to a fact in issue, or
• They are necessary to determine whether the facts in issue existed or not.

Thus, relevance to the core issue can justify even indecent or scandalous questions.

Object of Section 154The object of Section 154 is to:

• Protect witnesses from unnecessary humiliation
• Maintain dignity and decorum of judicial proceedings
• Prevent abuse of cross-examination

At the same time, it balances this protection with the need for:

• Full disclosure of relevant facts
• Fair determination of truth

Scope of Section 154When the Court May Forbid Questions

• When questions are:
  • Indecent or scandalous, and
  • Not directly connected with facts in issue
  • Asked merely to harass or embarrass the witness

When the Court Must Allow Questions

• When such questions:
  • Directly relate to facts in issue, or
  • Are essential to decide whether facts in issue existed

In such cases, relevance overrides indecency.

Judicial Discretion under Section 154

• The power under Section 154 is discretionary
• The judge must carefully assess:
  • Relevance of the question
  • Necessity of asking it
  • Manner in which it is framed

The judge may:

• Allow the question
• Modify its form
• Forbid it entirely

Distinction Between Section 154 and Section 155

• Section 154:
  • Deals with indecent or scandalous questions
  • Focuses on content of the question
• Section 155:
  • Deals with questions intended to insult or annoy
  • Focuses on intention and form

Both provisions work together to control improper questioning.

Illustrative Examples

1. Question about a witness’s immoral conduct unrelated to case – forbidden
2. Question about sexual conduct not in issue – forbidden
3. Question about relationship directly proving motive – allowed
4. Scandalous question framed offensively – rephrased by court
5. Embarrassing question essential to prove alibi – allowed

Critical AnalysisStrengths

1. Protects witnesses from character assassination
2. Maintains dignity of court proceedings
3. Prevents misuse of cross-examination
4. Encourages witnesses to testify fearlessly
5. Balances fairness with truth-finding

Limitations

1. Depends heavily on judicial discretion
2. Risk of inconsistent application
3. Difficult to balance relevance and decency in sensitive cases

10 Illustrative Case Scenarios

1. Indecent questions about private life barred
2. Scandalous allegations without relevance rejected
3. Relevant but embarrassing questions allowed
4. Defence restrained from harassment
5. Judge modifies offensive language
6. Witness dignity protected
7. Truth not sacrificed for decency
8. Proper balance maintained
9. Abuse of questioning prevented
10. Fair trial ensured

ConclusionSection 154 of the Bharatiya Sakshya Adhiniyam, 2023 lays down an important safeguard against the use of indecent and scandalous questions during examination of witnesses. While it empowers courts to forbid such questions to protect dignity and decorum, it also recognizes that relevance to facts in issue may justify their admission.
By striking a balance between fair trial rights and humane treatment of witnesses, Section 154 ensures that the pursuit of justice does not degenerate into personal humiliation or scandal-mongering.