​Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023 –
Question Not to Be Asked without Reasonable Grounds (Section 152)

Case Scenario
During cross-examination, an advocate suddenly asks a witness, “Are you a dacoit?” without placing any prior facts or circumstances on record. The witness objects, stating that the question is defamatory and baseless. The court must decide whether such a question is permissible and what safeguards exist to prevent reckless allegations against witnesses.
This situation is governed by Section 152 of the Bharatiya Sakshya Adhiniyam, 2023.

Purpose of Section 152
Section 152 is designed to:

• Prevent reckless, defamatory, and irresponsible questioning
• Protect witnesses from baseless imputations
• Ensure fairness and dignity in cross-examination
• Impose professional responsibility on advocates

The section ensures that cross-examination does not become a tool of character assassination.

Section 152 – Statutory Rule
Section 152 provides that:
No question referred to in Section 151 (i.e., questions intended to injure the character of a witness) shall be asked,
unless the person asking it has reasonable grounds for believing that the imputation conveyed by the question is well-founded.
Thus:

• Questions containing allegations or imputations are permitted only when supported by reasonable grounds.

Meaning of “Reasonable Grounds”
"Reasonable grounds” means:

• There must be some factual basis
• A reasonable belief based on:
  • Instructions from a reliable source
  • Prior information
  • Answers already given by the witness

Mere suspicion, guesswork, or strategy is not sufficient.

Illustrations Explained (From the Section)
​Illustration (a)

• Advocate is instructed by another advocate that a witness is a dacoit
• This constitutes reasonable grounds
  ✔ Question permissible

Illustration (b)

• Advocate is informed in court that a witness is a dacoit
• Informant gives satisfactory reasons
  ✔ Question permissible

Illustration (c)

• Witness about whom nothing is known is randomly asked if he is a dacoit
  ❌ No reasonable grounds
  ❌ Question impermissible

Illustration (d)

• Witness questioned about livelihood
• Gives unsatisfactory answers
  ✔ Reasonable grounds arise
  ✔ Question permissible

Scope of Section 152

• Applies to questions carrying imputations
• Covers questions intended to:
  • Injure character
  • Discredit moral standing
  • Suggest criminal conduct

The section requires:

• Advocate accountability
• Judicial oversight

Court’s Role under Section 152If the court finds that:

• A question was asked without reasonable grounds,

Then:

• The court may:
  • Warn the advocate
  • Stop further questioning
  • Refer the matter to the High Court or other competent authority for disciplinary action

This provision works in harmony with Section 153.

Relationship with Other Sections

• Section 151 → Questions injuring character
• Section 152 → Reasonable grounds required for such questions
• Section 153 → Procedure and disciplinary consequences
• Sections 154–155 → Court’s power to forbid indecent or insulting questions

Together, these provisions ensure ethical and responsible cross-examination.

Why This Safeguard Is Necessary

• Witnesses are often ordinary citizens
• Unfounded allegations may:
  • Damage reputation
  • Discourage truthful testimony
  • Undermine public confidence in courts

Section 152 balances:

• Advocate’s right to test credibility, and
• Witness’s right to dignity and protection

Critical AnalysisStrengths

1. Prevents arbitrary character attacks
2. Promotes ethical advocacy
3. Protects witnesses from humiliation
4. Ensures relevance and fairness
5. Maintains courtroom decorum

Limitations

1. Depends on judicial discretion
2. “Reasonable grounds” may be subjective
3. Risk of discouraging rigorous cross-examination if misapplied

10 Illustrative Case Scenarios

1. Baseless allegation of theft – barred
2. Question backed by prior record – allowed
3. Random criminal accusation – disallowed
4. Unsatisfactory livelihood explanation – follow-up allowed
5. Court warns advocate
6. Disciplinary action initiated
7. Witness dignity preserved
8. Advocate acts responsibly
9. Cross-examination remains fair
10. Trial integrity maintained

ConclusionSection 152 of the Bharatiya Sakshya Adhiniyam, 2023 establishes an essential safeguard against irresponsible and defamatory questioning. It mandates that any question carrying an imputation against a witness must be supported by reasonable grounds.
By imposing this requirement, the law ensures that cross-examination remains a truth-seeking exercise, not an instrument of humiliation or speculation. When read with Sections 151 and 153, Section 152 upholds professional accountability, witness dignity, and the integrity of judicial proceedings.