Section 154 BSA 2023: Indecent and Scandalous Questions
Section 154 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) gives the Court power to prevent indecent or scandalous questioning of a witness, while preserving questions that are genuinely connected with facts in issue or are necessary for deciding whether those facts existed.
| Law | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|
| Section | 154 |
| Subject | Indecent and scandalous questions |
| Commencement | 1 July 2024 |
| Main effect | The Court may forbid indecent or scandalous questions or inquiries, subject to the statutory exception for facts in issue and matters necessary to determine them. |
Text of Section 154 of the Bharatiya Sakshya Adhiniyam, 2023
154. Indecent and scandalous questions. The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.
Meaning and Scope of Section 154 BSA
The provision gives the Court a protective and supervisory role during examination and cross-examination of witnesses. A question does not become automatically permissible merely because it has some connection with the dispute. If the Court considers a question or inquiry indecent or scandalous, it may stop it.
The discretion is not absolute. The concluding part of Section 154 preserves questioning where the matter directly relates to a fact in issue, or where the information is necessary to determine whether a fact in issue existed.
What is a "fact in issue"?
In practical terms, a fact in issue is a fact that must be proved or disproved for the Court to decide the rights, liabilities, guilt, innocence or other material questions arising in the proceeding. Section 154 therefore requires the Court to balance the need for relevant evidence against unnecessary indecency, scandal or humiliation.
When may the Court forbid a question?
The Court may intervene where the form or subject of a question is indecent or scandalous and the question is not protected by the statutory exception. The provision is intended to prevent improper questioning that does not materially assist the Court in resolving the real issues.
When may such a question still be permitted?
A question may still be allowed where it concerns a fact in issue, or where the matter is necessary for determining whether a fact in issue existed. The focus is therefore on necessity and genuine evidentiary connection, not merely on curiosity or a remote bearing on the case.
Important: Section 154 is part of the Bharatiya Sakshya Adhiniyam, 2023, not the Bharatiya Nagarik Suraksha Sanhita, 2023. The BSA replaced the Indian Evidence Act, 1872 for proceedings governed by the new law and came into force on 1 July 2024.
Related Provisions
Section 154 should be read with the surrounding BSA provisions regulating questions affecting the character or credit of witnesses. Section 152 deals with questions asked without reasonable grounds; Section 153 deals with the Court's procedure when such questions are asked; Section 155 requires the Court to forbid questions intended to insult or annoy; and Section 156 addresses contradiction of answers to questions testing veracity.
- Section 151 - Court to decide when question shall be asked and when witness compelled to answer
- Section 152 - Question not to be asked without reasonable grounds
- Section 153 - Procedure of Court in case of question being asked without reasonable grounds
- Section 155 - Questions intended to insult or annoy
- Section 156 - Exclusion of evidence to contradict answers to questions testing veracity
- Section 157 - Question by party to his own witness
- Section 158 - Impeaching credit of witness
- Section 159 - Questions tending to corroborate evidence of relevant fact, admissible
- Section 160 - Former statements of witness may be proved to corroborate later testimony as to same fact
Official Legal Sources
For the authoritative statutory text and commencement material, refer to the official Government of India sources: India Code - Bharatiya Sakshya Adhiniyam, 2023 and Ministry of Home Affairs - New Criminal Laws.
This page is intended as a general legal reference. Always verify the current statutory text, applicable procedural law and judicial interpretation before relying on it in a particular case.