Evidence Act CAP 80Section 157 of Evidence Act CAP 80: Discretion of court to compel witness to answer question as to credit
(1) If any question asked relates to a matter not relevant to the suit or proceeding except in so far as it affects the credit of the witness by injuring his character, the court shall decide whether or not the witness shall be compelled to answer it, and may, if it does not so compel him, warn the witness that he is not obliged to answer.
(2) In exercising its discretion under this section, the court shall have regard to the following considerations—
(a) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the court as to the credibility of the witness on the matter to which he testifies;
(b) such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the court as to the credibility of the witness on the matter to which he testifies;
(c) such questions are improper if there is a great disproportion
between the importance of the imputation made against the witness’s character and the importance of his evidence.
(3) The court may, if it sees fit, draw from the witness’s refusal to answer, the inference that the answer, if given, would be unfavourable to the witness.
Check the current authoritative text and amendment history before relying on this provision.
No such question as is referred to in section 157 of this Act ought to be asked unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well founded.
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 re…
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.
The court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.
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Deleted by Act No. 7 of 2007, Sch.
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