An advocate asks questions without reasonable ground from a witness. What procedure should the court adopt?

Question: An advocate asks questions without reasonable ground from a witness. What procedure should the court adopt?

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Answer

Section 150 of the Indian Evidence Act provides for what would be the Procedure of Court in case of the question being asked without reasonable grounds.

If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any barrister, pleader, vakil or attorney, report the circumstances of the case to the High Court or other authority to which such barrister, pleader, vakil or attorney is the subject in the exercise of his profession.

This section prescribes rules for protecting bona fide legal practitioners as well as for innocent witnesses. It lays down if the defamatory question is asked by the counsel without any reasonable ground the court may make a report about this to the respective High Court.

In such a case no legal practitioner can claim any privilege and are to be subjected to civil criminal liability.

“It is clearly within the powers of the High Courts to direct an enquiry with a view to disciplinary action in flagrant cases which come under their notice.”

Section 150 is the punishment that may secure against reckless cross-examination if the Court thought that the questions were asked without valid grounds.

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Important Mains Questions Series for Judiciary, APO & University Exams

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