Court to decide when question shall be asked and when witness compelled to answer
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Summary
Questions that are not relevant to the case but attack a witness's character are decided by the Court: it can order an answer or warn the witness they are not obliged to reply. The Court will weigh whether the alleged imputation would seriously affect the witness's credibility, is too remote or trivial, or is disproportionate to the evidence. Refusal to answer can permit the Court to draw an adverse inference.
Example
Priya is a witness in a neighbour dispute. Opposing counsel asks about a personal scandal from many years ago that has no link to the property issue. The Court may refuse to compel Priya to answer because the matter is too remote or trivial, or it may warn her she need not reply; if the Court finds the question relevant and she still refuses, it may draw an adverse inference.
Bare Act
Enacted text(1) 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.
(2) In exercising its discretion, the Court shall have regard to the following considerations, namely:-
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(a) 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;
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(b) 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;
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(c) 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;
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(d) 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.
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