Section 159 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 159 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 159: Questions Tending to Corroborate Evidence of Relevant Fact, Admissible
Text of Section 159:
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.(aaptaxlaw.com)
๐ง Meaning and Scope
Section 159 allows a witness to be questioned about other circumstances they observed at or near the time or place of a relevant fact, provided these circumstances can corroborate their testimony. This provision enables the court to assess the credibility and reliability of a witness's account by considering additional observations that support their statements.
โ๏ธ Practical Implications
Corroborative Evidence: This section permits the introduction of additional evidence that supports a witness's testimony, enhancing the reliability of the evidence presented.
Judicial Discretion: The court has the discretion to determine whether the additional circumstances are relevant and whether they can corroborate the witness's testimony.(sudhirrao.com)
Protection Against Falsehoods: By allowing corroborative questioning, this provision helps in identifying and mitigating false or exaggerated claims made by witnesses.
๐งพ Example
In a case where a witness testifies about witnessing a robbery, the court may allow questioning about other circumstances the witness observed, such as the presence of a suspicious vehicle nearby or unusual behavior of individuals in the vicinity. If these circumstances are proven, they can corroborate the witness's account of the robbery, thereby strengthening the credibility of their testimony.(myjudix.com)
๐ Summary
Section 159 of the Bharatiya Sakshya Adhiniyam, 2023, facilitates the introduction of corroborative evidence by permitting the questioning of witnesses about other circumstances they observed that can support their testimony. This provision aids in ensuring the reliability and credibility of evidence presented in legal proceedings.
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