Code: Section 158 – Bharatiya Sakshya Adhiniyam (BSA)
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—
(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.—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.
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.
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Explanation of Section 158 BSA
Section 158 of the Bharatiya Sakshya Adhiniyam allows a party to challenge the reliability or credibility of a witness during a trial. This is known as “impeaching the credit” of the witness. Either the opposing party or, with the Court’s permission, even the party who called the witness may do so.
There are three specific ways a witness’s credibility can be questioned:
- (a) By presenting testimony from people who personally know the witness and believe them to be unreliable.
- (b) By showing that the witness accepted a bribe or any corrupt inducement for giving their testimony.
- (c) By highlighting previous statements that contradict their current testimony.
The explanation clarifies that if a witness claims another is unworthy of credit, they cannot initially explain why. However, if cross-examined, they must provide reasons, though these responses cannot be contradicted by other evidence. Still, if the reasons are false, that witness can be charged with giving false evidence.
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Illustrations
Let’s consider a few examples for better understanding:
- (a) A files a suit against B for the price of goods. C, a witness, says he delivered the goods. Evidence is presented that C earlier denied delivering goods to B. This previous statement can be used to challenge C’s credibility.
- (b) A is accused of murdering B. C testifies that B named A as his attacker before dying. But C earlier said B never made such a statement. That prior inconsistent statement can be used to impeach C’s credibility.
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Common Questions and Answers on Section 158 BSA
1. What does “impeaching the credit of a witness” mean?
It means challenging the honesty or reliability of a witness’s testimony, usually to prove that they are not trustworthy.
2. Can the party who called the witness challenge their own witness?
Yes, but only with the Court’s permission. If the witness turns hostile or gives contradictory testimony, the party may request permission to impeach their credibility.
3. Are previous contradictory statements always admissible?
Yes, but only if they directly contradict the witness’s current statements in court. These contradictions help question the truthfulness of their present testimony.
4. Can a witness’s personal opinion about another witness be used in court?
Yes, a witness may say another is untrustworthy based on personal knowledge. However, they cannot provide reasons during their direct testimony unless asked in cross-examination.
5. What happens if the witness lies during cross-examination?
If a witness gives false explanations while being cross-examined about their opinion of another witness, they can later be charged with giving false evidence.
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Conclusion
Section 158 of the Bharatiya Sakshya Adhiniyam is a crucial tool for ensuring truthful testimony. It allows both parties to challenge the reliability of a witness using prior inconsistent statements, evidence of corruption, or the opinions of others who know the witness. By doing so, it protects the integrity of the legal process and ensures the Court considers only credible testimony.
Explore more sections of the Bharatiya Sakshya Adhiniyam and other laws on ApniLaw.
