Section 148 Indian Evidence Act

IEA 148 : Section 148 of the Indian Evidence Act 1872:

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 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.

India's Important Case Laws and Landmark Judgments on IEA - Section 148 Indian Evidence Act 1872:

R.Dineshkumar @ Deena vs State Rep. By on 13 November, 2014 - Madras High Court 

The King-Emperor vs Nilakanta Alias Brahmachari on 15 February, 1912 - Madras High Court 

Sukhdeo S/O Sopan Mundhe And Ors. vs State Of Maharashtra on 28 April, 1988 - Bombay High Court 

Muthukumarsawmi Pillai And Ors. vs Emperor on 17 April, 1912 - Madras High Court 

Saidu Mohammed And Ors. Etc. vs State Of Kerala Etc. on 5 September, 2005 - Kerala High Court 

Virendra Kumar vs State Of Madhya Pradesh on 3 May, 1997 - Madhya Pradesh High Court 

Muthukumaraswami Pillai vs King-Emperor on 17 April, 1912 - Madras High Court 

Virendra Kumar Gun Sagar vs State Of Madhya Pradesh on 3 May, 1997 - Madhya Pradesh High Court 

R K Chandolia vs Cbi & Ors on 11 April, 2012 - Delhi High Court 

State Of West Bengal vs Nilkantha Mahato And Ors. on 10 October, 2002 - Calcutta High Court