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Report No. 185

Section 148

Amendment of Section 148.- (1) In section 148 of the Principal Act, in the main part,

For the words "If any such question relates to a matter not relevant to the suit or proceeding except", the words "If any such question is not material to the issues in the suit or proceeding but is admissible" shall be substituted.

(2) for clause (4), the following clauses and the Explanation shall be substituted, namely:-

"(4) The court shall have regard as to whether such evidence has or will have sufficient probative value to outweigh its prejudicial effect, in the circumstances of the case.

(5) 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.

Explanation.- Where, in a suit for damages for defamation for injury to the reputation of a person, an aspect of the character of that person, other than that to which the matter alleged to be defamatory relates, is likely to be injured by a question under this section, the court shall have particular regard to the question whether, having regard to the considerations mentioned in this section, such question is proper".

Review of the Indian Evidence Act, 1872 Back

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