What Is BSA Section 158?

Bhartiya Sakshya Adhiniyam, 2023 - Section 158: Impeaching credit of witness.

The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him—

• by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;
• by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;
• by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted.

Explanation

A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence.

Illustrations

• A sues B for the price of goods sold and delivered to B. C says that he delivered the goods to B. Evidence is offered to show that, on a previous occasion, he said that he had not delivered goods to B. The evidence is admissible.
• A is accused of the murder of B. C says that B, when dying, declared that A had given B the wound of which he died. Evidence is offered to show that, on a previous occasion, C said that B, when dying, did not declare that A had given B the wound of which he died. The evidence is admissible.

Brefe Detail

Section 158 of the Bhartiya Sakshya Adhiniyam, 2023 outlines the methods by which the credit of a witness can be impeached. This can be done by presenting evidence from others who find the witness unworthy of belief, proving corrupt inducements to testify, or by demonstrating inconsistencies in the witness's prior statements. There are specific provisions regarding how and when reasons for believing a witness unworthy can be questioned, especially in cross-examination.

Question & Answers

Q1: What methods can be used to impeach a witness's credit according to Section 158?

A1: The credit of a witness can be impeached by:

• Evidence from persons who believe the witness to be unworthy of credit.
• Proof that the witness has accepted a bribe or other corrupt inducement.
• Proof of former inconsistent statements made by the witness.

Q2: Can a witness give reasons for their belief about another witness's credibility during examination-in-chief?

A2: No, a witness cannot give reasons during examination-in-chief but can be asked for them in cross-examination.

Q3: What happens if a witness gives false answers during cross-examination?

A3: If the answers given in cross-examination are false, the witness may be charged with giving false evidence.

Example

• Example 1: In a case where A sues B for the price of goods, C testifies that he delivered the goods to B. If it is shown that C previously claimed he did not deliver goods to B, this evidence can be presented to impeach C’s credit.
• Example 2: If C claims that B declared A was responsible for his fatal wound, but evidence shows C previously stated the opposite, this inconsistency can be used to challenge C's reliability as a witness.

Summary

Section 158 provides a framework for impeaching the credibility of witnesses in court. It allows for the introduction of various types of evidence, including past statements and proof of corrupt influences, to challenge the trustworthiness of a witness's testimony. The section ensures that the process is fair while holding witnesses accountable for their statements.