Bharatiya Sakshya Adhiniyam, 2023
Section 153
Procedure of Court in case of question being asked without reasonable
If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any advocate, report the circumstances of the case to the High Court or other authority to which such advocate is subject in the exercise of his profession.
Why this exists
This provision exists to stop lawyers from misusing cross-examination to unfairly attack a witness's character or reputation without any real justification. Courts are given the power to check such behavior not by punishing the lawyer directly, but by referring the matter to the professional body (like the Bar Council or High Court) that has authority over lawyers' conduct. This maintains the dignity of witnesses and the integrity of the trial process, while leaving disciplinary action to the appropriate professional authority.
Common misconceptions
- Myth: The judge can personally punish the lawyer under this section.
Fact: The judge cannot punish the lawyer directly; the judge can only report the incident to the High Court or other authority responsible for the lawyer's professional conduct. - Myth: This section applies to any question asked in court.
Fact: It applies specifically to questions of the kind addressed in the preceding sections, generally those meant to attack a witness's credibility or character, not all questions asked during trial.