What Is BSA Section 159?

Bhartiya Sakshya Adhiniyam, 2023 - Section 159: Questions Tending to Corroborate Evidence of Relevant Fact, Admissible

When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred, if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies.

Illustration:

• A, an accomplice, gives an account of a robbery in which he took part.
• He describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed.
• Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself.

Brefe Detail

Section 159 of the Bhartiya Sakshya Adhiniyam, 2023, allows for the questioning of a witness about additional circumstances observed at or near the time of a relevant fact. This is permissible if such circumstances could support the witness's testimony. An illustration provided demonstrates this principle through an example involving an accomplice's account of a robbery, where unrelated incidents can serve as corroborative evidence.

Question & Answers

Q1: What does Section 159 of the Bhartiya Sakshya Adhiniyam, 2023 pertain to?

A1: It pertains to the admissibility of questions aimed at corroborating the evidence of a relevant fact given by a witness.

Q2: Under what conditions can a witness be questioned about other circumstances?

A2: A witness can be questioned about other circumstances if they were observed at or near the time or place of the relevant fact and could corroborate the witness's testimony.

Q3: Can unrelated incidents mentioned by a witness be used as corroborative evidence?

A3: Yes, unrelated incidents can be used to corroborate the witness's testimony, as shown in the illustration regarding an accomplice's account of a robbery.

Q4: What role does the Court play in this process?

A4: The Court determines whether the circumstances, if proved, would corroborate the witness's testimony regarding the relevant fact.

Example

Scenario: A witness, who is an accomplice in a crime, recounts the events of a robbery.

• Observation 1: On his way to the robbery, he notices a specific car parked outside a shop.
• Observation 2: After the robbery, he sees a person behaving suspiciously near the crime scene.

In this example, both observations could be used to corroborate his testimony about the robbery, showing that they were relevant to the context of the crime.

Summary

Section 159 of the Bhartiya Sakshya Adhiniyam, 2023, establishes that witnesses can be questioned about additional observations related to relevant facts, enhancing the credibility of their testimonies. Through an illustration, it emphasizes the use of independent evidence to support a witness's account, thereby reinforcing the integrity of the judicial process.