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What Is Section 152 Of Bsa?

  • Writer: leadindia400
    leadindia400
  • Oct 10, 2024
  • 3 min read

A Witness Is Someone Who Observes, Knows, Or Attests To Something. They Can Also Provide Testimony In Person Under Oath Or Affirmation, Or By An Affidavit, Written Deposition, Or Oral Testimony. Regardless Of The Nature Of The Case, That Is, Whether It Is Criminal Or Civil, Interrogating Witnesses Is An Essential Part Of Providing Evidence In Court.

Another Crucial Issue That Is Exclusively Decided By The Judicial Officers Is The Admissibility Of Facts. The Witness's Testimony Will Be Presented As A Series Of Questions And Answers. The Witness's Sole Purpose Is To Address The Matter; A Speech To The Court Is Not Required. The Witness's Testimony Is Restricted To The Case's Real Facts. The Process Of Gathering Evidence In This Way Is Called "Examining A Witness."



The Court Shall Decide Whether Or Not The Witness Is Required To Answer Any Such Question And May, If It Deems It Necessary, Notify The Witness That He Is Not Required To Answer If The Question Pertains To A Matter That Is Not Relevant To The Suit Or Proceedings, With The Exception Of Any Question That Could Damage The Witness's Reputation. The Court Of Justice Shall Examine The Following Factors When Exercising Its Discretion:


  • Such Inquiries Are Appropriate In That They Are Of The Kind Where The Veracity Of The Imputation They Have Offered Can Greatly Influence The Court's Determination Regarding The Credibility Of The Witness In The Case They Are Testifying About;

  • Such Questions Are Not Appropriate If The Imputation They Make Relates To Events So Far In The Past Or Of Such A Nature That The Truth Of The Imputation Would Not Affect The Court's Decision Regarding The Credibility Of The Witness Testifying In The Case, Or Would Only Slightly Affect It;

  • If There Is A Substantial Discrepancy Between The Significance Of The Evidence And The Imputation Made Against The Witness's Character, Such Queries Are Inappropriate;

  • The Court May Infer, If It Thinks It Essential, That The Witness's Unwillingness To Answer Would Indicate That The Answer, If It Were Provided, Would Not Be Favourable.


Section 152 Of Bsa


  • As To Section 152 Of Bsa, There Is A Question Not To Be Asked Without Reasonable Grounds To The Accused.

  • According To This Section, Inquiries Pertaining To Section 151 Of Bsa May Only Be Made If There Are Good Reasons To Believe That The Witness Could Be Exposed Or Have His Reputation Damaged.

  • To Better Comprehend The Clause, Let's Examine Some Examples From Section 152:

  • A Lawyer Or Vakil Is Required To Inform A Lawyer That A Dakait Is A Significant Witness. If The Witness Is A Dakait, Then This Is A Legitimate Reason To Interrogate Him.

  • The Person In Front Of The Court Is Required To Inform The Pleader That A Key Witness Is A Dakit. When The Pleader Questions The Informant, The Informant Provides Adequate Justification For The Claim. If The Witness Is A Dakait, Then This Is A Legitimate Reason To Interrogate Him.

  • Someone Asks A Witness, About Whom Nothing Is Known, If He Is A Dakait At Random. The Problem Has No Justification.

  • When Questioned About His Lifestyle And Means Of Subsistence, A Witness, About Whom Nothing Is Known, Gives Inadequate Responses. It Could Be Reasonable To Question Him About His Status As A Dakite.

  • Reading The Image Makes It Evident That This Section Also Aims To Shield The Witness From Harming His Reputation.


Irrespective Of The Criminal Or Civil Character Of The Case, Witness Examination Is An Absolute Necessity, And Both Procedural Laws Specify This. The Bsa is Essential For Safeguarding Witnesses And Enabling Them To Talk Candidly Without Worrying About Facing Legal Repercussions. Significant Improvements Have Been Made To This Act By Judicial Interpretations, Which Have Made Some Of Its Provisions More Useful And Updated To Reflect Modern Demands.


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