Court to decide when question shall be asked and when witness compelled to answer
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Summary
If a question put to a witness is not relevant to the case except for attacking the witness’s credit, the court decides whether the witness must answer and may warn that the witness need not answer. The judge weighs whether the imputation would seriously affect credibility, or is too remote in time, or disproportionate to the evidence. The court may draw an adverse inference from a refusal to answer.
Example
Priya is testifying in a landlord–tenant dispute. The opposing lawyer asks about a petty theft allegation from 15 years ago that would hurt her reputation but has no bearing on the tenancy issue. The court refuses to compel her to answer because the matter is too remote, though it could infer that a refusal suggests an unfavorable answer.
Bare Act
Enacted textIf any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affect 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 it they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Courts as to the credibility of the witness on the matter to which 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 effect 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.
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