Section 150 of BSA : Section 150: When witness to be compelled to answer.

Explanation using Example

Example 1:

Scenario: A civil case involving a property dispute between two brothers, Raj and Ravi.

Context: During the trial, Raj's lawyer asks a witness, Suresh, about a conversation he had with Ravi regarding the ownership of the property.

Application of Section 150:

• Suresh is hesitant to answer the question, fearing it might incriminate him or reveal sensitive information.
• The judge refers to Section 150 of The Bharatiya Sakshya Adhiniyam 2023 and determines that the question is relevant to the case.
• The judge compels Suresh to answer the question, ensuring that the provisions of Section 137 (which deals with the examination of witnesses) are followed.

Example 2:

Scenario: A criminal case where a businessman, Arjun, is accused of embezzlement.

Context: During the cross-examination, the prosecutor asks a key witness, Meera, about financial transactions she handled for Arjun.

Application of Section 150:

• Meera is reluctant to answer, worried that her response might implicate her in the crime.
• The judge evaluates the relevance of the question to the embezzlement charges.
• Finding the question pertinent, the judge invokes Section 150 and compels Meera to answer, ensuring compliance with Section 137 to protect her rights during the examination.

Example 3:

Scenario: A family court case where a couple, Anil and Sunita, are undergoing a divorce, and the custody of their child is in question.

Context: Sunita's lawyer asks a witness, Anil's colleague, about Anil's behavior and lifestyle at work.

Application of Section 150:

• The colleague is uncomfortable answering, fearing it might affect his job or relationship with Anil.
• The judge assesses the relevance of the question to the custody battle.
• Concluding that the information is crucial for determining the child's best interest, the judge uses Section 150 to compel the colleague to answer, while ensuring the process adheres to Section 137.

Example 4:

Scenario: A defamation case where a journalist, Priya, is sued by a politician, Mr. Sharma, for publishing an allegedly false article.

Context: Mr. Sharma's lawyer questions a source, Ramesh, who provided information to Priya for the article.

Application of Section 150:

• Ramesh is hesitant to answer, fearing retaliation or legal consequences.
• The judge considers the relevance of the question to the defamation claim.
• Determining that the question is essential to the case, the judge invokes Section 150 to compel Ramesh to answer, ensuring that the examination follows the guidelines of Section 137.