Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023 –Procedure of Court in Case of Questions Asked without Reasonable Grounds (Section 153)

​Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023 –
Procedure of Court in Case of Questions Asked without Reasonable Grounds (Section 153)

Case Scenario (Beginning as Required)During cross-examination in a civil suit, an advocate asks a witness an allegation-laden question suggesting immoral and criminal conduct, even though the matter has no connection with the issues before the court. The witness objects, stating that the question is defamatory and baseless. The court, after considering the circumstances, forms the opinion that the question was asked without any reasonable ground and was meant only to harass the witness. The court is then requested to take action against the advocate.
This situation is governed by Section 153 of the Bharatiya Sakshya Adhiniyam, 2023.

Purpose of Section 153Section 153 is intended to:

• Prevent reckless, defamatory, and irresponsible cross-examination
• Protect witnesses from unfounded allegations
• Ensure professional discipline among advocates
• Preserve the dignity of court proceedings

It acts as a check on misuse of cross-examination as a tool of harassment.

Section 153 – Statutory Provision (Explained Simply)Section 153 provides that:

• Where a question:
  • Relates to a matter not relevant to the suit or proceeding, and
  • Is asked without reasonable grounds, and
• The court is requested by any advocate to report the circumstances,

👉 The court may report the matter to:

• The High Court, or
• Any other competent authority to which the advocate is professionally answerable.

Thus, the provision empowers the court to initiate disciplinary oversight.

Key Elements of Section 153 (Note Form)For Section 153 to apply, the following conditions must be satisfied:

1. Question not relevant to the proceeding
2. Lack of reasonable grounds for asking the question
3. Question likely to be:
   • Defamatory, or
   • Harassing, or
   • Reckless in nature
4. Court forms an opinion regarding the impropriety
5. Court is requested to report the matter

Only then may the court take action under this provision.

Changes Introduced under the Bharatiya Sakshya Adhiniyam, 2023

• The old terms:
  • Barrister
  • Pleader
  • Attorney
  • Vakil

have been replaced by the single, modern term “Advocate”.
This change:

• Reflects contemporary legal practice in India
• Brings uniformity and clarity in terminology

Liability of Advocate for Asking Defamatory QuestionsSection 153 imposes professional accountability on advocates.
When Liability Arises

• Advocate asks a defamatory or scandalous question
• No reasonable ground exists to believe the allegation is true
• Question is unrelated to facts in issue

Possible Consequences

• Court may report the advocate to:
  • High Court, or
  • Bar Council, or
  • Other disciplinary authority

This may lead to:

• Disciplinary inquiry
• Professional sanctions

Meaning of “Without Reasonable Grounds”

• Advocate must have:
  • Some factual basis, or
  • Reasonable belief

Mere suspicion, rumour, or strategy is not sufficient.
Cross-examination must be:

• Responsible
• Relevant
• Professionally justified

Relationship with Other Provisions

• Section 153 → Disciplinary control over advocates
• Section 154 → Indecent and scandalous questions
• Section 155 → Questions intended to insult or annoy

Together, these sections ensure:

• Witness protection
• Courtroom discipline
• Ethical advocacy

Judicial Duty under Section 153The court must:

• Act as a guardian of fairness
• Prevent character assassination
• Ensure advocates do not misuse privilege of cross-examination

However:

• Reporting is discretionary, not mandatory
• The court must act judiciously and fairly

Critical AnalysisStrengths

1. Discourages reckless and defamatory questioning
2. Protects witnesses from unnecessary humiliation
3. Maintains dignity of judicial proceedings
4. Reinforces ethical standards of advocacy
5. Strengthens public confidence in courts

Limitations

1. Rarely invoked due to judicial restraint
2. Depends on subjective judicial opinion
3. Fear of discouraging robust cross-examination

10 Illustrative Case Scenarios

1. Advocate alleges adultery without basis – reported
2. Irrelevant criminal allegation against witness – reported
3. Question asked on hearsay – disciplinary action considered
4. Baseless accusation of bribery – court intervenes
5. Reasonable factual basis exists – no report
6. Harassing question withdrawn – warning issued
7. Repeated reckless questioning – reported
8. Witness dignity protected
9. Ethical standards enforced
10. Fair trial preserved

ConclusionSection 153 of the Bharatiya Sakshya Adhiniyam, 2023 serves as an important safeguard against irresponsible and defamatory questioning in court. While cross-examination is a vital tool for discovering truth, it cannot be permitted to degenerate into character assassination or harassment without reasonable grounds.
By empowering courts to report advocates who abuse this privilege, Section 153 upholds professional accountability, witness protection, and the dignity of judicial proceedings, ensuring that justice is pursued with fairness, responsibility, and ethical restraint.