Write a note on Indecent and Scandalous Questions.

Question: Write a note on Indecent and Scandalous Questions.

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Answer

Section 151 lays down limitations regarding Indecent and Scandalous Questions asked during the examination of witnesses.

Under Section 151, ‘the court can prevent indecent and scandalous questions (or inquiries) from being asked even if the question has some bearing upon the matter in hand. Such questions may be allowed only if they relate to the facts in issue or are necessary for determining whether the facts in issue existed’.

Thus, as per this section 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 question 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.

The Supreme Court has held that no such questions should be put unless there are reasonable grounds to believe them to be true [Prakash v. State, 1975 CrLJ 1297].

In the case of Rozario v. Ingles, (1893) 18 Bom 468, 472 wherein a proceeding to recover maintenance by a married woman for her illegitimate children, under section 125 of the Criminal Procedure Code, the court held that she “can be examined to prove non-access of her husband during their married life, without independent evidence being first offered to prove the illegitimacy of the children.”

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