Section 161 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 161 of the Bharatiya Sakshya Adhiniyam, 2023
๐ Text of Section 161
Whenever any statement, relevant under section 26 or 27, is proved, all matters may be proved either in order to:
Contradict or Corroborate it,(
or 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
๐ Explanation
Section 161 permits the introduction of evidence to:
Contradict: Present evidence that disputes the truthfulness of the statement.
Corroborate: Provide additional evidence that supports the statement.
Impeach: Challenge the credibility of the person who made the statement.(vidhiadda.com)
Confirm the Credit: Affirm the reliability and trustworthiness of the person who made the statement.
This is applicable when the statement is relevant under sections 26 or 27, and the person who made it is not available for cross-examination.(vidhiadda.com)
โ๏ธ Legal Significance
Flexibility in Evidence: Allows for a broader scope of evidence to be considered, even if the original speaker is unavailable.
Ensures Fairness: Provides mechanisms to challenge or support statements made outside of direct testimony, maintaining the integrity of the judicial process.
Protects Rights: Safeguards the rights of parties by permitting the introduction of evidence that can either support or undermine statements that are crucial to the case.
๐งพ Example
Scenario: A written statement made by a now-deceased individual is presented in court.
Application of Section 161: The court may allow evidence that contradicts or corroborates the statement, or challenges the credibility of the deceased individual, as if they were available for cross-examination.
Summary: Section 161 of the Bharatiya Sakshya Adhiniyam, 2023, expands the scope of admissible evidence by allowing the introduction of materials that can contradict, corroborate, or challenge the credibility of statements made under specific conditions, even when the original speaker is unavailable for cross-examination.
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