Section 158 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023), in English:
📜 Section 158 — Impeaching Credit of Witness
Text of Section 158:
"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—"(jurisquest.com)
(a) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;(jurisquest.com)
(b) 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;(snappar.com)
(c) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted."*(snappar.com)
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.(jurisquest.com)
🧾 Key Provisions Explained:
Impeachment of Witness Credibility:
This section outlines the methods by which the credibility (or "credit") of a witness can be challenged or impeached during legal proceedings.
Methods of Impeachment:
(a) Testimony from others who know the witness and believe them to be unworthy of credit.
(b) Evidence that the witness has been bribed, accepted a bribe, or received any corrupt inducement to provide their testimony.
(c) Evidence of previous statements made by the witness that are inconsistent with their current testimony.(snappar.com, jurisquest.com)
Explanation on Cross-Examination:
If a witness declares another witness to be unworthy of credit, they are not required to provide reasons during their examination-in-chief.
However, during cross-examination, they may be asked for their reasons.
The answers given cannot be contradicted, but if the answers are false, the witness may be charged with giving false evidence.(snappar.com)
âš–ï¸ Significance of Section 158:
Ensures Fairness in Legal Proceedings:
By allowing the credibility of witnesses to be challenged, this provision helps ensure that only reliable and truthful testimonies are considered in legal decisions.
Prevents Corruption and Bias:
The section addresses potential corruption by permitting evidence that a witness has been bribed or induced to provide false testimony.
Maintains Integrity of Testimony:
Allowing the introduction of inconsistent prior statements ensures that witnesses cannot change their testimony without scrutiny, maintaining the integrity of the judicial process.
🧑â€âš–ï¸ Illustrative Example:
Scenario:
In a case involving a contract dispute, Ravi testifies that he delivered goods to Suresh.
During cross-examination, evidence is presented showing that Ravi previously stated he did not deliver goods to Suresh.
Application of Section 158:
The defense may use this inconsistency to impeach Ravi's credibility, suggesting that his testimony is unreliable.
📌 Summary:
Aspect
Provision
Purpose
To allow the credibility of a witness to be challenged.
Methods of Impeachment
(a) Testimony from others about the witness's unworthiness.
(b) Evidence of bribery or corrupt inducements.
(c) Proof of inconsistent prior statements.
Cross-Examination
Witnesses may be asked for reasons during cross-examination; answers cannot be contradicted but may lead to charges of false evidence if false.
RELATED Blog
0 comments