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Report No. 185

Section 150

The Section refers to the 'procedure of Court in cases of questions being asked without reasonable grounds'. It reads as follows:

"150. If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any barrister, pleader, vakil or attorney, report the circumstances of the case to the High Court or other authority to which such barrister, pleader, vakil or attorney is subject in the exercise of his profession."

Of course, the words 'barrister' etc. have to be substituted by the word 'legal practitioner' to have the same meaning that word is given as in Section 126.

After considerable discussion, the 69th Report suggested (see para 84.32) that a verbal change is needed by replacing the word legal practitioner for advocate etc. We are of the view that reference should be to the appropriate Bar Council under the Advocates Act, 1961. In 1872, the High Court had disciplinary jurisdiction over the Bar, but that jurisdiction is now shifted to the Bar Councils. 'Other authority' is to be dropped.

This aspect was not considered in the 69th Report. We propose that Section 150 should be revised as follows:

Procedure of Court in case of question being asked without reasonable grounds

"150. If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any legal practitioner, report the circumstances of the case to the appropriate Bar Council established under the Advocates Act, 1961 to which such legal practitioner is subject in the exercise of his profession."



Review of the Indian Evidence Act, 1872 Back




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