Library/BSA/Section 153
Section 153Procedural

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

Full Text

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.

Plain English Summary

Enables the Court to report an advocate to the High Court or Bar Council if they ask character-damaging questions without reasonable grounds.

Key Legal Elements

  • Applies when the court determines an advocate asked a character-shaking question without reasonable grounds.
  • Grants the court power to report the advocate's conduct.
  • Specifies the reporting authorities as the High Court or the Bar Council (the professional regulatory body).

Practical Note

This section has serious disciplinary consequences for advocates. It serves as a stern warning against reckless cross-examinations. If an advocate cross-examines a witness with baseless, highly slanderous accusations, the trial court has the power to refer the matter to the High Court or the State Bar Council for professional misconduct. Always ensure your brief contains written instructions or solid verifiable documents before putting scandalous allegations to a witness.

हिंदी पाठ

यदि न्यायालय की यह राय है कि ऐसा कोई प्रश्न बिना उचित आधार के पूछा गया था, तो वह, यदि वह किसी अधिवक्ता द्वारा पूछा गया था, मामले की परिस्थितियों की रिपोर्ट उस उच्च न्यायालय या अन्य प्राधिकारी को दे सकेगा जिसके अधीन ऐसा अधिवक्ता अपने वृत्ति (पेशा) के प्रयोग में है।