IEA 155 to BSA 158: Impeaching credit of witness
Section 155 IEA (1872) replaced by Section 158 BSA (2023)
IEA 155 to BSA 158 at a Glance
Section 155 IEA (Impeaching credit of witness) is now Section 158 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 155 to BSA 158?
Section 155 of the Indian Evidence Act, 1872 became Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The ways of impeaching credit are now lettered (a) to (c), and illustration (b) was reworded.
IEA 155 vs BSA 158: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 155 | 158 |
| Heading | Impeaching credit of witness | Same |
| Sub-sections | 3 sub-sections | None |
IEA 155 and BSA 158: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 155, IEA 1872
155. Impeaching credit of witness.—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:—
(1) By the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;
(2) 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;
(3) 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 indicted for 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 the wound was not given by A or in his presence.
The evidence is admissible.
BSA 2023 (in force)
Section 158, BSA 2023
158. Impeaching credit of witness.—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.
When It Applies: IEA 155 vs BSA 158
Under IEA 155
- The adverse party seeks to impeach the credit of a witness, or the calling party does so after getting court consent.
- Under clause (1), other persons testify from personal knowledge of the witness that the witness cannot be believed.
- Under clause (2), proof is offered that the witness took a bribe, accepted a bribe offer, or received a corrupt inducement.
- Under clause (3), proof is offered of earlier statements that conflict with a part of the testimony open to contradiction.
- In cross-examination, a witness who declared another witness unworthy of credit can be asked for the reasons behind that belief.
Under BSA 158
- The adverse party seeks to impeach the credit of a witness, or the calling party does so after getting court consent.
- Under clause (a), other persons testify from personal knowledge of the witness that the witness cannot be believed.
- Under clause (b), proof is offered that the witness took a bribe, accepted a bribe offer, or received a corrupt inducement.
- Under clause (c), proof is offered of earlier statements that conflict with a part of the testimony open to contradiction.
- In cross-examination, a witness who declared another witness unworthy of credit can be asked for the reasons behind that belief.
What IEA 155 to BSA 158 Means in Practice
Section 155 IEA became Section 158 BSA on 1 July 2024 with no substantive change. The ways of impeaching credit were relabelled from (1) through (3) to (a) through (c), and Illustration (b) was reworded. The same rule applies, and a party or witness should cite Section 158 BSA for matters governed by the Adhiniyam.
FAQs: IEA 155 to BSA 158
How did Illustration (b) change from Section 155 IEA to Section 158 BSA?▼
Illustration (b) in Section 158 BSA replaces the words indicted for with accused of. It also rewords the earlier statement of C so that C denies that the dying declaration was made, instead of denying who inflicted the wound or who was present. The earlier inconsistent statement remains admissible.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·