IEA Section 153: Exclusion of evidence to contradict answers to questions testing veracity
Indian Evidence Act, 1872 · Chapter 10: The Examination Of Witnesses
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he answers falsely, he may afterwards be charged with giving false evidence.
Exception 1.—If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction.
Exception 2.—If a witness is asked any question tending to impeach his impartiality, and answers it by denying the facts suggested, he may be contradicted.
Illustrations
(a) A claim against an underwriter is resisted on the ground of fraud.
The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies it.
Evidence is offered to show that he did make such a claim.
The evidence is inadmissible.
(b) A witness is asked whether he was not dismissed from a situation for dishonesty. He denies it.
Evidence is offered to show that he was dismissed for dishonesty.
The evidence is not admissible.
(c) A affirms that on a certain day he saw B at Lahore.
A is asked whether he himself was not on that day at Calcutta. He denies it.
Evidence is offered to show that A was on that day at Calcutta.
The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in Lahore.
In each of these cases the witness might, if his denial was false, be charged with giving false evidence.
(d) A is asked whether his family has not had a blood feud with the family of B against whom he gives evidence.
He denies it. He may be contradicted on the ground that the question tends to impeach his impartiality.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 135. Order of production and examination of witnesses
- 136. Judge to decide as to admissibility of evidence
- 137. Examination-in-chief
- 138. Order of examinations
- 139. Cross-examination of person called to produce a document
- 140. Witnesses to character
- 141. Leading questions
- 142. When they must not be asked
- 143. When they may be asked
- 144. Evidence as to matters in writing
- 145. Cross-examination as to previous statements in writing
- 146. Questions lawful in cross-examination
- 147. When witness to be compelled to answer
- 148. Court to decide when question shall be asked and when witness compelled to answer
- 149. Question not to be asked without reasonable grounds
- 150. Procedure of Court in case of question being asked without reasonable grounds
- 151. Indecent and scandalous questions
- 152. Questions intended to insult or annoy
- 154. Question by party to his own witness
- 155. Impeaching credit of witness
- 156. Question tending to corroborate evidence of relevant fact, admissible
- 157. Former statements of witness may be proved to corroborate later testimony as to same fact
- 158. What matters may be proved in connection with proved statement relevant under section 32 or 33
- 159. Refreshing memory
- 160. Testimony to facts stated in document mentioned in section 159
- 161. Right of adverse party as to writing used to refresh memory
- 162. Production of documents
- 163. Giving, as evidence, of document called for and produced on notice
- 164. Using, as evidence, of document production of which was refused on notice
- 165. Judge's power to put questions or order production
- 166. Power of jury or assessors to put questions