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BSA 2023 § 155 — Questions intended to insult or annoy

§ SECTION 155 · BSA 2023 · CHAPTER X — OF EXAMINATION OF WITNESSES

Questions intended to insult or annoy

The court must step in. The court shall forbid any question that appears intended to insult or annoy — and even a question proper in itself if it is needlessly offensive in form.

How to read Section 155

The court must stop a question meant to insult or annoy — and must also stop a legitimate question that is asked in a needlessly offensive way.

Mandatory

The court shall (must) forbid — not merely may.

Insulting or annoying

Any question that appears intended to insult or annoy the witness.

Offensive in form

Or a question proper in itself but put in a needlessly offensive form.

The bare Act

The section in its own words — a mandatory bar reaching both purpose and manner.

Section 155 · verbatim

The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form.

In short: where § 154 gave the court a discretion (‘may forbid’) over indecent or scandalous questions, this section imposes a duty: the court shall — must — forbid a whole class of questions. It reaches two things. First, purpose: any question that appears intended to insult or annoy the witness — asked not to get at the truth but to humiliate or harass. Second, and importantly, form: even a question that is proper in itself — legitimate in substance — must be forbidden if it is put in a needlessly offensive form. So a fair question wrapped in a gratuitously rude or wounding manner is caught: the answer is not to abandon the enquiry but to require it to be re-framed civilly. The section protects the dignity of the witness and the decorum of the proceedings, and it does so in mandatory terms — the court is bound to intervene.

→ This carries forward IEA 1872 § 152 — the court must forbid questions meant to insult or annoy, or needlessly offensive in form.

Glossary

shall forbid

The court is bound to disallow it — mandatory.

intended to insult or annoy

Put to humiliate or harass, not to seek the truth.

proper in itself

Legitimate in substance / content.

needlessly offensive in form

Asked in a gratuitously rude or wounding way.

substance vs form

The section reaches both a bad purpose and a bad manner.

§ 154 vs § 155

§ 154 the court may forbid indecent/scandalous; § 155 it shall forbid insulting/annoying/needlessly-offensive.

The picture

A question meant to wound, or a fair question put rudely, must be stopped — and the fair one re-framed.

intended to INSULT or ANNOYasked to humiliate or harass —not to get at the truthPROPER in itself, butneedlessly OFFENSIVE in forma fair question, put rudelythe court SHALL forbid it — a duty, not a choicethe proper question is not lost — it must be re-framed civilly§ 154: court MAY forbid indecent / scandalous questions (discretion)§ 155: court SHALL forbid insulting / annoying / needlessly-offensive (duty)

The section, part by part

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

must forbidA question meant to insult or annoy is stopped — always

In one lineThe court shall forbid any question that appears intended to insult or annoy the witness — it is a duty, not a discretion.
a question meant toinsult or annoyto humiliate, not to provethe court SHALL forbidno discretion — it must‘shall’ makes protection of the witness a duty of the court
The Court shall forbid any question which appears to it to be intended to insult or annoy,a question aimed to insult/annoy → must be stoppedwhere the purpose is to humiliate or harass rather than to elicit truth, the court is bound to forbid it.
ExampleTaunting a witness about a personal misfortune that has nothing to gain but his discomfort is a question intended to annoy — the court must forbid it.
✗ Not thisThis is not a mere discretion like § 154. ‘Shall’ leaves the court no choice — a question aimed at insult or annoyance must be disallowed.

substance vs formEven a fair question, if put rudely, must be re-framed

In one lineA question proper in itself is still forbidden if it is needlessly offensive in form — the enquiry stands, but the manner must change.
PROPER in substancea legitimate enquiry —but put in a rude, wounding wayforbidden in that FORM→ re-frame it civillythe question is not lostthe remedy targets the manner — ask the same thing, decently
or which, though proper in itself, appears to the Court needlessly offensive in form.a proper question, offensively put → forbiddeneven a legitimate question is caught if its form is needlessly offensive — it must be asked in a proper way.
Example‘Were you at the shop at 9 pm?’ is proper. Snarling ‘Admit you were lurking there, you liar!’ asks the same thing in a needlessly offensive form — the court must require it to be re-put civilly.
✗ Not thisForbidding the offensive form does not bar the enquiry. Counsel may still ask the proper question — only decently, without gratuitous insult.

Connected provisions

§ 154 · back

Indecent and scandalous questions

There the court may forbid; here it shall forbid — a stronger, mandatory protection.

§ 156 · next

Answers on credit are final

Pure-credit answers cannot be contradicted — save a previous conviction or a matter impeaching impartiality.

§ 151 · kin

Court decides credit questions

Part of the court’s control over the conduct of cross-examination.

lineage

IEA 1872, § 152

Carried forward — the court must forbid questions meant to insult or annoy, or needlessly offensive in form.