Code:
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.
Illustration.
A, an accomplice, gives an account of a robbery in which he took part. He describes
various incidents unconnected with the robbery which occurred on his way to and from the
place where it was committed. Independent evidence of these facts may be given in order to
corroborate his evidence as to the robbery itself.
Explanation of Section 159 BSA
Section 159 of the Bharatiya Sakshya Adhiniyam (BSA) deals with the admissibility of questions designed to corroborate a witness’s testimony about a relevant fact. It allows the Court to permit questioning of a witness on additional circumstances they observed around the time or location of the event in question, provided these circumstances might help confirm or support their testimony about the relevant fact.
This provision aims to strengthen the credibility of a witness’s account by allowing additional evidence that corroborates the witness’s version of events.
Illustration
Example:
A is an accomplice who describes a robbery he participated in. He mentions several unrelated events he observed on his way to and from the scene of the robbery. If independent evidence supports these observations, it can be introduced to corroborate A’s testimony about the robbery.
Common Questions and Answers on Section 159 BSA
1. What does “corroboration” mean in the context of Section 159?
Corroboration refers to additional evidence or circumstances that support a witness’s account of the facts. Section 159 allows for questions about such circumstances to confirm the witness’s version of events.
2. Can any circumstance be used to corroborate a witness’s testimony?
No, only those circumstances observed near the time or place of the relevant fact are allowed, and the Court must believe they will strengthen the witness’s testimony.
3. What is the purpose of corroborating evidence?
The purpose is to increase the reliability and credibility of a witness’s account. If a witness’s testimony can be independently supported by other facts, it makes the evidence more persuasive.
4. Does Section 159 apply to all types of cases?
Yes, this section is applicable in all cases where a witness’s testimony needs corroboration for strengthening the case.
5. What happens if corroborating evidence is not available?
If corroborating evidence is not available, the witness’s testimony may still be considered, but the absence of additional supporting facts could weaken the overall case.
Conclusion
Section 159 of the Bharatiya Sakshya Adhiniyam ensures that the testimony of a witness can be strengthened with corroborating evidence that aligns with the details they provide. This helps the Court make a more informed decision and enhances the reliability of witness statements in the legal process.
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