Court to decide when question shall be asked and when witness compelled to answer.

What this section does

The Court has discretion to decide whether a witness must answer questions that are irrelevant to the suit except insofar as they affect the witness's credibility by injuring character. The Court must weigh whether the imputation would seriously affect the witness's credibility, whether it is too remote or disproportionate, and may warn the witness that he is not obliged to answer. The Court may also draw an adverse inference from the witness's refusal to answer.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Court controls compellability of credit-affecting questions by balancing their probative value against the gravity of the imputation on the witness's character.

When it applies

• A question about a witness's past criminal conduct may be compelled if the truth of the imputation would seriously affect the Court's view of his credibility on the matter he testifies about.
• A question about a very remote or trivial past misconduct may be disallowed as improper where the imputation would have little or no effect on the Court's assessment of credibility.

Derived from IEA s.148.