What Is BSA Section 161?

Bhartiya Sakshya Adhiniyam, 2023 - Section 161: What Matters May Be Proved in Connection with Proved Statement Relevant Under Section 26 or 27

Whenever any statement, relevant under section 26 or 27, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested.

Brefe Detail

Section 161 of the Bhartiya Sakshya Adhiniyam, 2023, specifies that when a statement relevant under Sections 26 or 27 is proved, various matters can also be proved. These include evidence aimed at contradicting or corroborating the statement, as well as evidence that may either impeach or confirm the credibility of the individual who made the statement.

Question & Answers

Q1: What does Section 161 of the Bhartiya Sakshya Adhiniyam, 2023 address?

A1: It addresses the matters that may be proved in connection with statements relevant under Sections 26 or 27.

Q2: What can be proved when a statement is deemed relevant under Section 26 or 27?

A2: All matters may be proved to contradict or corroborate the statement, or to impeach or confirm the credit of the person who made it.

Q3: What would happen if the person who made the statement were called as a witness?

A3: If the person were called as a witness and denied the truth of the matter suggested upon cross-examination, the same matters could be proved.

Example

Scenario: A statement made by a witness is relevant under Section 26.

• Contradictory Evidence: Another witness may testify to facts that contradict the original statement.
• Corroborating Evidence: A document or video may be introduced to support the original statement.
• Impeachment of Credibility: Evidence could be presented regarding the witness's past conduct or reliability, affecting their credibility.

Summary

Section 161 of the Bhartiya Sakshya Adhiniyam, 2023, allows for a comprehensive examination of matters related to statements relevant under Sections 26 or 27. It facilitates the introduction of evidence to either support or challenge the original statement and assess the credibility of the person who made it, thus playing a crucial role in the judicial process.