Write a note on the procedure of the Court in case of the question being asked without reasonable grounds.

Question: Write a note on the procedure of the Court in case of the question being asked without reasonable grounds.

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Answer

Section 150 of the Indian Evidence Act talks about what would be the Procedure of Court in case of Reckless Questions. It states:

“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/other authority to which such barrister, etc. is subject in the exercise of his profession.”

Section 150 refers to questions put in cross-examination, by any barrister, pleader, vakil or attorney, of the class, referred to in Section 148 and gives the court power if such court is of the opinion that such question was asked without reasonable grounds to report the circumstances to the High Court but it limits the scope of the section to questions asked under the circumstances mentioned in Section 148.

Section 150 is the penalty that may ensue against a reckless cross-examination if the court is of opinion that the questions were asked without reasonable grounds. Any advocate who asks such questions without written instructions shall be guilty of ‘contempt of court’ and that the court may record any such question if asked by a party to the proceedings.

The records of the question are to be admissible as evidence of the publication of an imputation intended to harm the reputation of the person affected.

Thus, no scandalous question without grounds should be put unless there are reasonable grounds to believe them to be true.

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