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IEA, 1872
Start Practicing
IEAChapter XSection 151
Section151

Indecent and scandalous questions

AI Assist

Summary

Court can stop questions it regards as indecent or scandalous, even if they have some bearing on the case, unless the questions relate to facts in issue or to matters necessary to decide whether those facts existed. The power protects witness dignity and keeps the trial focused. Such questions may not be asked or pursued in court.

Example

Meera sues her landlord for unpaid rent. During cross-examination the landlord's lawyer asks intrusive questions about Meera's private sexual life that do not help decide whether rent was unpaid. The court forbids those indecent questions, though it would allow them if they were necessary to prove the disputed facts.

Bare Act

Enacted text

The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.

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X

Chapter X

Of the Examination of Witnesses

In this chapter

  • 135Order of production and examination of witnesses
  • 136Judge to decide as to admissibility of evidence
  • 137Examination-in-chief
  • 138Order of examinations
  • 139Cross-examination of person called to produce a document
  • 140Witnesses to character
  • 141Leading questions
  • 142When they must not be asked
  • 143When they may be asked
  • 144Evidence as to matters in writing
  • 145Cross-examination as to previous statements in writing
  • 146Questions lawful in cross-examination
  • 147When witness to be compelled to answer
  • 148Court to decide when question shall be asked and when witness compelled to answer
  • 149Question not to be asked without reasonable grounds
  • 150Procedure of Court in case of question being asked without reasonable grounds
  • 151Indecent and scandalous questions
  • 152Questions intended to insult or annoy
  • 153Exclusion of evidence to contradict answers to questions testing veracity
  • 154Question by party to his own witness
  • 155Impeaching credit of witness
  • 156Question tending to corroborate evidence of relevant fact, admissible
  • 157Former statements of witness may be proved to corroborate later testimony as to same fact
  • 158What matters may be proved in connection with proved statement relevant under section 32 or 33
  • 159Refreshing memory
  • 160Testimony to facts stated in document mentioned in section 159
  • 161Right of adverse party as to writing used to refresh memory
  • 162Production of documents
  • 163Giving, as evidence, of document called for and produced on notice
  • 164Using, as evidence, of document production of which was refused on notice
  • 165Judge’s power to put questions or order production
  • 166Power of jury or assessors to put questions
Previous · Section 150Procedure of Court in case of question being asked without reasonable groundsNext · Section 152Questions intended to insult or annoy