Delhi APO 2005

In which of the following circumstances are there no reasonable grounds for putting the question to the witness? (A) A, a barrister, is told by a solicitor that an important witness is a dacoit. The barrister asks the question "Are you a dacoit?" (B) An advocate is informed by a person in court that an important witness is a dacoit. The informant on being questioned by the advocate gives satisfactory reasons for his statement. The advocate asks this question, "Are you a dacoit?" (C) A witness of whom nothing whatever is known is asked at random whether he is a dacoit. (D) A witness of whom nothing whatever is known on being questioned as to his mode of life and means of living gives unsatisfactory answers. The witness is asked, "Are you a dacoit?"

Verified Answer
A. A, a barrister, is told by a solicitor that an important witness is a dacoit. The barrister asks the question "Are you a dacoit?"
B. An advocate is informed by a person in court that an important witness is a dacoit. The informant on being questioned by the advocate gives satisfactory reasons for his statement. The advocate asks this question, "Are you a dacoit?"
C. A witness of whom nothing whatever is known is asked at random whether he is a dacoit.
D. A witness of whom nothing whatever is known on being questioned as to his mode of life and means of living gives unsatisfactory answers. The witness is asked, "Are you a dacoit?"

Explanation:

Section 148 of the Indian Evidence Act deals with questions not to be asked without reasonable grounds. Illustration (c) to Section 148 explicitly states: "A witness of whom nothing whatever is known is asked at random whether he is a dacoit. There are not reasonable grounds for asking this question." This directly matches option (C).