Court to decide when question shall be asked and when witness compelled to answer
Section 148 of the Indian Evidence Act, 1872 deals with court to decide when question shall be asked and when witness compelled to answer. If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion, the Court shall have regard to the following considerations: –– (1) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies;
(2) such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies;
(3) such questions are improper if there is a great disproportion between the importance of the imputation made against the witness’s character and the importance of his evidence;
(4) the Court may, if it sees fit, draw, from the witness’s refusal to answer, the inference that the answer if given would be unfavourable.
Section 148, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 151 Court to decide when question shall be asked and when witness compelled to answer Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rajinder Singh vs Jaipal Singh Malik
Court's Decision & Legal Precedent
An amendment to an ejectment petition to incorporate additional grounds such as change of user of demised premises should be allowed at the initial stage of proceedings when evidence is being led, provided the amendment is timely and relevant. The question of whether the alleged change of user has actually occurred is a matter of evidence to be determined during trial, not a ground for rejecting the amendment application at the pleading stage. The Rent Controller erred in rejecting the amendment application based on the reasoning that mere installation of computers does not constitute change of use, as this is a factual matter requiring evidence.
On this section: The Rent Controller noted that the respondent-tenant could be confronted with his statement regarding commercial use when he steps into the witness box under Section 148 of the Indian Evidence Act, which deals with cross-examination on matters not previously mentioned
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Character assassination have been done by way of such cross examination as against the innocent victim as well as other innocent persons. 359. Section 148 of the Indian Evidence Act, 1872 states:- "Court to decide when question shall be asked and when witness compelled to answer:- If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall …
Questions about Section 148
What have the courts held on Section 148 of the Indian Evidence Act?
Rajinder Singh vs Jaipal Singh Malik (23 Sep 2013) is the leading judgment on this section among those set out below: The Rent Controller noted that the respondent-tenant could be confronted with his statement regarding commercial use when he steps into the witness box under Section 148 of the Indian Evidence Act, which deals with cross-examination on matters not previously mentioned.
How do I find court cases under Section 148 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 148, section 148 IEA, section 148 of the Indian Evidence Act. People searching for it also type indian evidence act section 148. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rajinder Singh vs Jaipal Singh Malik (23 Sep 2013).
What should I read with Section 148 of the Indian Evidence Act, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BSA 151 (Court to decide when question shall be asked and when witness compelled to answer), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 148 of the Indian Evidence Act come into force?
Section 148 of the Indian Evidence Act, cited as IEA 148, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.