BSA Section 151 — Court to decide when question shall be asked and when witness compelled to answer

Summary

Sub-section (1) deals with questions that are not relevant to the case itself, except where the question affects the witness's credibility by damaging their character. In such a situation, the Court decides whether the witness must answer the question. The Court may also, if it thinks appropriate, warn the witness that they are not obliged to answer it.

Sub-section (2) sets out the considerations the Court must keep in mind when exercising its discretion under sub-section (1).

Under clause (a) of sub-section (2), such questions are proper if the truth of the accusation made by the question would seriously affect the Court's opinion of the witness's credibility on the matter they are testifying about.

Under clause (b) of sub-section (2), such questions are improper if the accusation relates to matters so old in time, or of such a nature, that the truth of the accusation would not affect, or would only slightly affect, the Court's opinion of the witness's credibility on the matter they are testifying about.

Under clause (c) of sub-section (2), such questions are improper if there is a great imbalance between the importance of the accusation against the witness's character and the importance of the witness's evidence.

Under clause (d) of sub-section (2), the Court may, if it sees fit, draw an inference from the witness's refusal to answer that the answer, if given, would have been unfavourable to the witness.

Official Text

(1) If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it.

(2) In exercising its discretion, the Court shall have regard to the following considerations, namely:—

(a) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies;

(b) such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies;

(c) such questions are improper if there is a great disproportion between the importance of the imputation made against the witness's character and the importance of his evidence;

(d) 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.

Referred to by

• BSA §152 — Question not to be asked without reasonable grounds
• BSA §168 — Judge’s power to put questions or order production

Old <-> New Code Mapping

• IEA §148 — Court to decide when question shall be asked and when witness compelled to answer