§ SECTION 151 · BSA 2023 · CHAPTER X — OF EXAMINATION OF WITNESSES

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

The court’s gatekeeping of credit-only questions. Where a cross-examination question goes only to the witness’s credit, the court decides whether he must answer — and may warn him he need not. Four considerations guide it: proper if it seriously bears on credibility, improper if remote, trivial or disproportionate.

How to read Section 151

A question that only attacks a witness’s character is for the court to allow or forbid — it lets in the serious, and shuts out the remote, trivial or disproportionate.

The court decides

For a question not relevant except as it injures the witness’s character/credit, the court decides whether he must answer — and may warn him he is not obliged.

Proper

Proper if the imputation, if true, would seriously affect the court’s view of his credibility.

Improper

Improper if the imputation is too remote or trivial, or grossly disproportionate to the importance of his evidence.

The bare Act

The section in its own words — the court’s discretion, and four guiding considerations.

Section 151 · verbatim

(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.

In short: § 150 dealt with relevant cross-examination questions (compelled under § 137). This section takes the other kind — a question that is not relevant to the suit except that it injures the witness’s character and so touches his credit. For those collateral credit questions, the court is the gatekeeper: it decides whether the witness shall be compelled to answer, and it may warn him that he is not obliged to. The discretion is structured by four considerations. A credit question is proper (a) if the truth of the imputation would seriously affect the court’s opinion of the witness’s credibility on what he testified to. It is improper (b) if the imputation is too remote in time or trivial in character to affect that opinion (or affects it only slightly), and (c) if there is a great disproportion between the gravity of the imputation and the importance of his evidence. Finally (d), the court may draw from a refusal to answer the inference that the answer, if given, would be unfavourable. The section’s purpose is to let cross-examination test real credibility while shutting out oppressive or gratuitous attacks on character.

→ This carries forward IEA 1872 § 148 — the court controls collateral credit questions in cross-examination.

Glossary

not relevant except as it affects credit

A collateral question, going only to character/credibility.

the Court shall decide

The discretion is the court’s, not the cross-examiner’s right.

warn the witness he is not obliged

The court may caution him that he need not answer.

imputation

The discreditable suggestion the question conveys.

proper vs improper

Allowed if it seriously bears on credibility; disallowed if remote, trivial or disproportionate.

inference from refusal

The court may treat a refusal as suggesting the answer would be unfavourable.

The picture

The court weighs each credit-only question — letting in what genuinely tests credibility, shutting out the remote, trivial or disproportionate.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The court decides (1)The four considerations (2)

the court decidesCredit-only questions are for the court to allow or forbid

In one lineWhere a question is not relevant except that it injures the witness’s character, the court decides whether he must answer — and may warn him he is not obliged.

(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.collateral credit question → the court’s call…the court — not counsel — decides whether the witness must answer, and may warn him he need not.

ExampleA witness is asked about an old, unrelated scandal purely to embarrass him. The court may disallow it, or tell the witness he is not obliged to answer — the choice is the court’s.

✗ Not thisThis is not § 150. A question relevant to the matter in issue is compelled under § 137; only a question going solely to credit falls to the court’s discretion here.

four considerationsSerious in — remote, trivial or disproportionate out

In one lineProper if the imputation would seriously affect credibility (a); improper if remote/trivial (b) or disproportionate (c); and a refusal may draw an adverse inference (d).

(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;(a) proper — seriously affects credibilityif the imputation, if true, would seriously shape the court’s view of his credibility, the question is proper.

(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;(b) improper — too remote or trivialif the imputation is too old or trivial to affect (or barely affects) credibility, it is improper.

(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;(c) improper — gross disproportiona grave slur put to a witness whose evidence is slight is disproportionate, and improper.

(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.(d) refusal → adverse inferencethe court may treat a refusal to answer as suggesting the answer would be unfavourable.

ExampleA grave allegation of dishonesty put to a key witness to test his truthfulness is proper (a). The same slur flung at a witness whose evidence is marginal, or about a decades-old triviality, is improper (b)–(c).

✗ Not thisEven a genuine credit question remains subject to the court’s discretion. And a witness who refuses a proper question does not thereby escape — the court may hold the refusal against him.

Connected provisions

§ 150 · back

IEA 1872, § 148

Carried forward — the court controls collateral credit questions in cross-examination.

BSA 2023 § 151 — Court to decide when question shall be asked and when witness compelled to answer