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Report No. 84

VI. Improper Questions

7.29. Section 150, Evidence Act-Amendment recommended.-

So much as regards evidence of sexual history. We now deal with the position as to improper questions in general. The Evidence Act has a catena of provisions whose object is to ensure that questions intended to shake the credit of witnesses by injuring their character are kept within legitimate bounds. Nevertheless, it is sometimes seen that such questions are put indiscriminately in the lower courts. It then becomes the duty, though unpleasant, of the presiding officer of the court to report the matter to the appropriate authority for action, if the question is put by a legal practitioner.

The Evidence Act has a specific provision in this regard, to be found in section 150. The object of the provision is that the authority to which the matter is reported may take suitable action. With this end in view, the section provides that "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".

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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