Sections 148 and 149 of the Indian Evidence Act, 1872: Court Control Over Questions and Requirement of Reasonable Grounds
Sections 148 and 149 of the Indian Evidence Act, 1872 regulate questions directed at the character and credit of a witness. Section 148 gives the Court control over whether a witness must answer certain questions that are otherwise irrelevant to the proceeding but affect credibility. Section 149 requires reasonable grounds before a question carrying an adverse imputation is asked.
- Section 148 concerns the Court's discretion when a question is relevant only because it may affect the credit of a witness by injuring the witness's character.
- The Court considers the seriousness, remoteness and proportionality of the imputation when deciding whether the witness should answer.
- Section 149 prevents such questions from being asked unless the questioner has reasonable grounds to believe that the imputation is well-founded.
- The provisions seek to permit legitimate testing of credibility while restraining random or unsupported attacks on a witness's character.
Section 148 - Court to decide when question shall be asked and when witness compelled to answer
Meaning: Section 148 applies where a question concerns a matter that is not otherwise relevant to the suit or proceeding, but is asked because it may affect the credit of the witness by injuring the witness's character. In that situation, the Court decides whether the witness must answer and may warn the witness that there is no obligation to answer.
In exercising this discretion, Section 148 requires the Court to have regard to these considerations:
- A question is proper where the truth of the imputation would seriously affect the Court's opinion of the witness's credibility on the matter about which the witness testifies.
- A question is improper where the imputation is so remote in time, or of such a character, that its truth would not affect, or would only slightly affect, the Court's opinion of the witness's credibility on that matter.
- A question is improper where there is a great disproportion between the importance of the imputation against the witness's character and the importance of the witness's evidence.
- If the witness refuses to answer, the Court may, if it considers fit, draw an inference that the answer, if given, would be unfavourable.
Purpose and practical effect of Section 148
The provision places the decision under judicial control. It does not make every character-related question automatically permissible merely because it is asked in cross-examination. The Court must consider whether the proposed attack on credibility has sufficient connection and importance to justify requiring an answer.
Section 149 - Question not to be asked without reasonable grounds
Meaning: Section 149 provides that a question of the kind referred to in Section 148 ought not to be asked unless the person asking it has reasonable grounds for thinking that the imputation conveyed by the question is well-founded. The requirement therefore operates before the adverse allegation is put to the witness.
Illustrations to Section 149
- A barrister is instructed by an attorney or vakil that an important witness is a dakait. The instruction provides a reasonable ground for asking the witness whether the witness is a dakait.
- A pleader receives information in Court that an important witness is a dakait. When questioned, the informant gives satisfactory reasons for the statement. This supplies a reasonable ground for putting the question to the witness.
- A witness about whom nothing is known is randomly asked whether the witness is a dakait. There are no reasonable grounds for the question.
- A witness about whom nothing is known gives unsatisfactory answers when questioned about mode of life and means of living. This may provide a reasonable ground for asking whether the witness is a dakait.
How Sections 148 and 149 work together
Section 149 addresses the foundation required before an imputing question is asked: the questioner must have reasonable grounds. Section 148 addresses the Court's control over the answer where the question concerns an otherwise irrelevant matter that bears on the witness's credit. Read together, the provisions impose both a threshold on the questioner and supervisory discretion in the Court.
Important distinction: relevance and credit of a witness
Section 148 is directed to a special class of questions. The underlying matter is not independently relevant to the suit or proceeding; its significance arises because it may affect the witness's credit by injuring character. The Court must therefore balance the legitimate testing of credibility against remoteness, triviality and disproportionate injury to character.
Pre-1 July 2024 legal position
For the period covered by this article, Sections 148 and 149 formed part of Chapter X of the Indian Evidence Act, 1872 dealing with the examination of witnesses. This page is intentionally framed around that law and terminology rather than substituting the post-1 July 2024 Bharatiya Sakshya Adhiniyam, 2023 provisions.
This article is intended as general legal information. The applicability of an evidence provision depends on the proceeding, the governing law and the facts before the Court.