BSA Section 158: Impeaching credit of witness
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 10: Of Examination of Witnesses
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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\u2014
(a) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;
(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;
(c) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted.
Explanation.\u2014A 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.
Illustrations.
(a) A sues B for the price of goods sold and delivered to B. C says that he delivered the goods to B. Evidence is offered to show that, on a previous occasion, he said that he had not delivered goods to B. The evidence is admissible.
(b) A is accused of the murder of B. C says that B, when dying, declared that A had given B the wound of which he died. Evidence is offered to show that, on a previous occasion, C said that B, when dying, did not declare that A had given B the wound of which he died. The evidence is admissible.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 140. Order of production and examination of witnesses
- 141. Judge to decide as to admissibility of evidence
- 142. Examination of witnesses
- 143. Order of examinations
- 144. Cross-examination of person called to produce a document
- 145. Witnesses to character
- 146. Leading questions
- 147. Evidence as to matters in writing
- 148. Cross-examination as to previous statements in writing
- 149. Questions lawful in cross-examination
- 150. When witness to be compelled to answer
- 151. Court to decide when question shall be asked and when witness compelled to answer
- 152. Question not to be asked without reasonable grounds
- 153. Procedure of Court in case of question being asked without reasonable grounds
- 154. Indecent and scandalous questions
- 155. Questions intended to insult or annoy
- 156. Exclusion of evidence to contradict answers to questions testing veracity
- 157. Question by party to his own witness
- 159. Questions tending to corroborate evidence of relevant fact, admissible
- 160. Former statements of witness may be proved to corroborate later testimony as to same fact
- 161. What matters may be proved in connection with proved statement relevant under section 26 or 27
- 162. Refreshing memory
- 163. Testimony to facts stated in document mentioned in section 162
- 164. Right of adverse party as to writing used to refresh memory
- 165. Production of documents
- 166. Giving, as evidence, of document called for and produced on notice
- 167. Using, as evidence, of document production of which was refused on notice
- 168. Judge\u2019s power to put questions or order production