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BSA 2023 § 153 — Procedure of Court in case of question being asked without reasonable grounds

§ SECTION 153 · BSA 2023 · CHAPTER X — OF EXAMINATION OF WITNESSES

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

A professional consequence. If the court finds that a character-injuring question was asked without reasonable grounds, and it was put by an advocate, the court may report the matter to the High Court or other authority governing that advocate’s profession.

How to read Section 153

If an advocate puts a baseless character question, the court may refer the matter to the authority that governs his profession.

The finding

The court is of opinion that a § 152-type question was asked without reasonable grounds.

By an advocate

And the question was put by an advocate.

The report

The court may report the circumstances to the High Court or other professional authority the advocate is subject to.

The bare Act

The section in its own words — a single, enforcing rule.

Section 153 · verbatim

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.

In short: § 152 says a character-injuring question ought not to be asked without reasonable grounds. This section supplies the teeth. Where the court forms the opinion that such a question was in fact asked without reasonable grounds, and it was put by an advocate, the court may — the power is discretionary — report the circumstances to the High Court or to whatever other authority governs that advocate in the exercise of his profession (in practice, the disciplinary authority such as the Bar Council). The consequence is therefore professional, not a penalty in the case itself: the advocate may be answerable to his regulator for putting a groundless slur to a witness. The provision works hand-in-hand with § 152 to deter gratuitous smearing — the restraint is stated in § 152, and the referral for breaching it is provided here.

→ This carries forward IEA 1872 § 150 — the court may report an advocate who asks a baseless character question.

Glossary

any such question

A credit-injuring question of the kind in § 152.

without reasonable grounds

Lacking the genuine basis § 152 requires.

if it was asked by any advocate

The report route applies where the questioner is an advocate.

report the circumstances

Refer the matter for professional consideration.

High Court or other authority

The body governing the advocate’s profession (e.g. the Bar Council).

subject… in the exercise of his profession

The disciplinary authority over his practice.

The picture

A groundless character question by counsel can be referred upward — a professional, not a case, consequence.

a § 152 question askedWITHOUT reasonablegroundsput by an ADVOCATEthe court forms this opinioncourt MAY report to theHigh Court / authoritygoverning his professiona PROFESSIONAL consequence — not a penalty imposed in the case itself§ 152 states the restraint; § 153 provides the referral for breaching itthe power is discretionary — the court ‘may’ report, weighing the circumstances

The section, part by part

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

the triggerA baseless character question, put by an advocate

In one lineThe power arises where the court is of opinion a § 152 character question was asked without reasonable grounds, and it was put by an advocate.
court’s opinion:no reasonable groundsfor the character questionand it was an ADVOCATEwho put the questiontwo elements: a groundless question, and an advocate as its author
If the Court is of opinion that any such question was asked without reasonable grounds,the court’s opinion: no reasonable grounds…this looks back to § 152 — the very basis that should have supported the question was absent.
ExampleAn advocate suggests a witness is a criminal with nothing whatever to support it (§ 152 illustration c). If the court so concludes, the door to § 153 opens.
✗ Not thisThe section is directed at advocates. Its report route addresses a professional putting a groundless question — it turns on the court’s opinion that reasonable grounds were lacking.

the reportReferred to the authority that governs the advocate

In one lineThe court may report the circumstances to the High Court or other authority to which the advocate is subject in his profession — a discretionary referral.
the trial courtMAY report the matterHIGH COURT / authoritygoverning his profession(e.g. the Bar Council)a professional referral — the consequence lands on the advocate, not the case
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.→ may refer him to his regulatorthe advocate may be answerable to the authority that governs his practice for putting a groundless slur.
ExampleSatisfied that counsel smeared a witness on no basis, the judge may forward the facts to the High Court or Bar Council for such action as that body sees fit — while the trial continues on its own course.
✗ Not thisThis is not a punishment pronounced in the trial. It is a referral, and it is discretionary — the court may, weighing the circumstances, choose to report; it is not obliged to.

Connected provisions

§ 152 · back

Reasonable grounds required

The restraint — a character question needs reasonable grounds; § 153 provides the referral for breaching it.

§ 154 · next

Indecent and scandalous questions

The court may forbid indecent or scandalous questions — unless they relate to the facts in issue.

§ 151 · kin

Court decides credit questions

The discretion over credit-only questions that §§ 152–153 back with a good-faith duty.

lineage

IEA 1872, § 150

Carried forward — the court may report an advocate who asks a baseless character question.