When question with reasonable grounds shall be asked?

Question: When question with reasonable grounds shall be asked?

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Answer

Section 149 of the Indian Evidence Act lays down the provision that questions are not to be asked without reasonable grounds.

“No such question as is referred to in section 148 ought to be asked; unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded.”

Section 149 lays down another important safeguard against the assassination of the character of a witness in that no question carrying an imputation to the witness shall be asked unless the person asking the question has reasonable ground to believe that the imputation contained in the question is well-founded.

Under Section 149 no question as referred to in Section 14 of the Evidence Act ought to be asked unless the person asking it has some reasonable grounds for supporting the imputation which it conveys to be true.

The question may be asked for which there are only reasonable grounds for thinking that the imputation contained in them are all well-founded and it is by no means necessary before the question is asked that the person asking it should be in a position to establish the truth of the imputation beyond all doubt. [Miss Rebecca Mohan v. Emperor, AIR 1947 Cal. 278]

In the case of Ayeasha B. v. Pir Khan Saheb, AIR 1954 Mad. 741, where the counsel of the accused puts defamatory questions imputing unchastity to the complainant who is a young woman the court has to start with the presumption that the questions were put on instructions and it is only when the contrary is proved it can come to the finding that the questions were put without instructions.

The cross-examiner must have reasonable grounds to believe that the imputation made against the witness is well-founded. As for what are reasonable grounds which justify such question, see the illustrations below:

1. A barrister is instructed by an attorney or vakil that an important witness is a dakoit. This is a reasonable ground for asking the witness whether he is a dakoit.
2. A pleader is informed by a person in Court that an important witness is a dakoit. The informant, on being questioned by the pleader, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dakoit.

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Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X