Code: Section 161 BSA
Whenever any statement, relevant under section 26 or 27, is proved, all matters
may be proved either in order to contradict or to corroborate it, or in order 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.
Explanation of Section 161 BSA
Section 161 of the Bharatiya Sakshya Adhiniyam (BSA) outlines what additional matters can be introduced once a statement becomes relevant and is admitted under Section 26 or Section 27 of the Act.
This provision allows courts to go beyond the mere acceptance of the statement itself. It enables the introduction of further evidence to either support or contradict the statement, or to evaluate the credibility of the person who made it. The law treats the individual as if they were a witness subject to cross-examination—even if they are not physically present in court.
This rule ensures fairness by allowing the full context of the statement to be explored.
Related Sections:
- Section 26 BSA – Confession by accused while in custody
- Section 27 BSA – Information received from accused in custody
You can link directly to them as follows:
Illustration
Example 1: Use of Section 161 for Corroboration
An accused in custody confesses to hiding a murder weapon under a bridge. The statement leads police to recover the weapon, making the statement admissible under Section 27. Under Section 161, the prosecution can now submit additional facts to reinforce the credibility of the confession.
Example 2: Challenging the Statement
Suppose someone makes a statement under Section 26 implicating another individual. The defense can bring in evidence to contradict the reliability of the statement or to impeach the credibility of the person who made it, as permitted under Section 161.
Common Questions and Answers on Section 161 BSA
- What is the objective of Section 161 BSA?
It allows the court to consider additional matters—supporting or contradicting a statement—once it has been admitted under Section 26 or 27, thereby ensuring the full context and credibility are evaluated. - Does the person who made the statement need to be in court?
No. Section 161 treats the person as though they were being cross-examined, even if they are not present, enabling the same level of scrutiny. - Can both prosecution and defense use Section 161?
Yes. Both sides are entitled to use this provision to either support or challenge a statement made under Section 26 or 27. - Is this section applicable only to confessions?
Primarily yes, since Sections 26 and 27 deal with confessions or statements made by an accused in custody. Section 161 builds upon those rules.
Conclusion
Section 161 of the Bharatiya Sakshya Adhiniyam plays a key role in maintaining fairness in criminal trials. By allowing the court to look beyond the face value of a statement and consider its credibility and surrounding context, it ensures a more thorough and just evaluation of evidence. Whether supporting or refuting a custodial confession, this provision empowers both parties to present a fuller picture before the court.
For more in-depth legal analysis on the Bharatiya Sakshya Adhiniyam and related criminal law topics, explore the full legal library at ApniLaw.
