IEA 148 — Court to decide when question shall be asked and when witness compelled to answer

Indian Evidence Act, 1872

Statutory text

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.

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