Section 148 of Evidence Act "Court to decide when question shall be asked and when witness compelled to answer"
If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the Witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion, the Court shall have regard to the following considerations:-
(1) such questions are proper if they are of such a
nature that the truth of the imputation conveyed by them
would seriously affect the opinion of the Courts as to the
credibility of the witness or the matter to which testifies;
(2) Such questions are improper if the imputation which they
convey relates to matters so remote in time, or of such a
character, that the truth of the imputation would not
affect, or would affect in a slight degree, the opinion of
the Court as to the credibility of the witness on the matter
to which he testifies;
(3) such questions are improper if there is a great
disproportion between the importance of the imputation made
against the witness's character and the importance of his
evidence;
(4) the Court may, if it sees fit, draw, from the witness's
refusal to answer, the inference that the answer if given
would be unfavorable.
Section 149 of Evidence Act "Question not to be asked without reasonable grounds"
No such question as is referred to in section 148 ought
to be asked, unless the person asking it has reasonable
grounds for thinking that the imputation which it conveys is
well-founded.
Illustration
(a) A barrister is instructed by an attorney or vakil that
an important witness is a dakait. This is reasonable ground
for asking the witness whether he is a dakait.
(b) A pleader is informed by a person in Court that an
important. Witness is a dakait. The information being
questioned by the pleader, gives satisfactory reason for his
statement. This is a reasonable ground for asking the
witness whether he is a dakait.
(c) A witness of whom nothing whatever is known, is asked at
random whether he is a dakait. There are here no reasonable
grounds for the questions.
(d) A witness, of whom nothing whatever is known, being
questioned as to his mode of life and means of living, gives
unsatisfactory answers. This may be a reasonable ground for
asking him if he is a dakait.