IEA 156 to BSA 159: Questions tending to corroborate evidence of relevant fact, admissible
Section 156 IEA (1872) replaced by Section 159 BSA (2023)
IEA 156 to BSA 159 at a Glance
Section 156 IEA (Questions tending to corroborate evidence of relevant fact, admissible) is now Section 159 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 156 to BSA 159?
Section 156 of the Indian Evidence Act, 1872 became Section 159 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
IEA 156 vs BSA 159: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 156 | 159 |
| Heading | Questions tending to corroborate evidence of relevant fact, admissible | Same |
IEA 156 and BSA 159: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 156, IEA 1872
156. Questions tending to corroborate evidence of relevant fact, admissible.—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.
BSA 2023 (in force)
Section 159, BSA 2023
159. Questions tending to corroborate evidence of relevant fact, admissible.—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.
When It Applies: IEA 156 vs BSA 159
Under IEA 156
- A witness gives evidence in court about a relevant fact, and a party intends to corroborate that witness.
- The witness observed other surrounding details at or near the time or place of that relevant fact.
- The court holds the opinion that proving those surrounding details would support what the witness testified about the relevant fact.
- Once the witness describes those unconnected incidents, independent proof of them may be presented to support the testimony on the main fact.
Under BSA 159
- A witness gives evidence in court about a relevant fact, and a party intends to corroborate that witness.
- The witness observed other surrounding details at or near the time or place of that relevant fact.
- The court holds the opinion that proving those surrounding details would support what the witness testified about the relevant fact.
- Once the witness describes those unconnected incidents, independent proof of them may be presented to support the testimony on the main fact.
What IEA 156 to BSA 159 Means in Practice
Section 156 IEA became Section 159 BSA on 1 July 2024 without any change in wording. The same rule on asking questions about surrounding circumstances to corroborate a witness applies under the Adhiniyam. Parties and witnesses should cite Section 159 BSA in matters governed by the BSA.
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 ·