While advocates may sometimes attempt to use forcible, aggressive, or intimidating queries to shake a witness's credit or impute criminal intentions during a civil suit, the law provides strict rules of decorum and grants the court ample powers to halt such practices.
Imputing Criminal Intentions or Misconduct
In civil cases, the general character of a person is irrelevant to prove imputed conduct under Section 52 of the Evidence Act. However, an advocate is permitted under Section 146 to ask questions during cross-examination that test the witness's veracity or shake their credit by injuring their character. An advocate may put questions suggesting fraud, misconduct, or the commission of a crime, provided they are satisfied that these matters are legitimately part of their client's case and are not put forward solely to maliciously impugn the witness's character.
The law mandates under Section 149 that such character-injuring questions must not be asked without reasonable grounds. If an advocate begins an attack upon a witness involving suggestions of dishonourable conduct, it is the duty of the tribunal to demand an assurance from the advocate that good grounds exist for making such suggestions,. If the assurance is not received, that line of cross-examination must be stopped promptly.
Decorum and Protection Against "Toxic" Practices
The law actively condemns the practice of "brow-beating," which involves oppressing a witness through a reproachful, terrifying, or insulting demeanour to confuse them or extort an involuntary falsehood. To prevent the abuse of cross-examination and ensure a fair trial, the Evidence Act lays down specific statutory safeguards:
Consequences for the Advocate and Remedies for the Witness
If an advocate persists in asking scandalous or character-injuring questions without reasonable grounds, the court has the power under Section 150 to report the offending legal practitioner to the High Court or other appropriate disciplinary authorities for professional misconduct.
Furthermore, if a witness is subjected to questions that are per se defamatory and maliciously asked without reasonable grounds, the law provides the witness with threefold remedies: (a) seeking immediate protection by the court during the trial, (b) setting the criminal law in motion by prosecuting the offender for defamation, or (c) filing a civil suit for damages. Witnesses attend the court to discharge a sacred duty to justice and are entitled to be treated with respect, courtesy, and consideration.