Section 151 of the Indian Evidence Act, 1872

Indecent and scandalous questions:

The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.

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Comments:

Section 151 confers power upon the court to forbid putting any question which is indecent or scandalous. The court may stop it if it appears to be indecent or scandalous in the opinion of the court. Such question may be put to the witness during cross-examination when it relates to facts in issue or is necessarily connected with them.

The Supreme Court considered such question being improper and opined: “indecent and scandalous questions were allowed to be asked to a woman witness whose child had been kidnapped and killed particularly when the paternity of the child was not in question.

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