Section 156 BSA: Exclusion of evidence to contradict answers to questions testing veracity

Bharatiya Sakshya Adhiniyam, 2023

Section 156 BSA at a Glance

Section 156 BSA deals with exclusion of evidence to contradict answers to questions testing veracity. It replaced Section 153 IEA on 1 July 2024.

Was IEA

Section 153 →

Section 156 BSA Bare Act Text

156. Exclusion of evidence to contradict answers to questions testing veracity

When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he answers falsely, he may afterwards be charged with giving false evidence.

Exception 1.—If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction.

Exception 2.—If a witness is asked any question tending to impeach his impartiality, and answers it by denying the facts suggested, he may be contradicted.

Illustrations

(a) A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies it. Evidence is offered to show that he did make such a claim. The evidence is inadmissible.

(b) A witness is asked whether he was not dismissed from a situation for dishonesty. He denies it. Evidence is offered to show that he was dismissed for dishonesty. The evidence is not admissible.

(c) A affirms that on a certain day he saw B at Goa. A is asked whether he himself was not on that day at Varanasi. He denies it. Evidence is offered to show that A was on that day at Varanasi. The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in Goa. In each of these cases, the witness might, if his denial was false, be charged with giving false evidence.

(d) A is asked whether his family has not had a blood feud with the family of B against whom he gives evidence. He denies it. He may be contradicted on the ground that the question tends to impeach his impartiality.

Source: Section 156, Bharatiya Sakshya Adhiniyam, 2023

Section 156 BSA in Simple Words

Section 156 of the Bharatiya Sakshya Adhiniyam, 2023 stops parties from calling evidence to contradict certain answers of a witness. The rule applies when a question matters to the inquiry only to shake credit (believability) by injuring character. Once the witness answers that question, no evidence can be given to contradict the witness.

A false answer still carries a legal risk for the witness. If the witness gives a false answer, the witness can afterwards face a charge of giving false evidence.

Section 156 BSA allows contradicting evidence in its Exceptions. Under Exception 1, when a witness denies a past conviction for any crime, evidence of that conviction can be given. Under Exception 2, when a witness denies suggested facts tending to impeach impartiality (show bias), the witness can be contradicted.

Evidence is also admissible when it contradicts an alleged fact in the inquiry rather than merely attacking credit. For instance, evidence can show the witness was in another city on the day of the alleged sighting.

When Section 156 BSA Applies

  • A witness is asked and answers a question during an inquiry.
  • The question matters to the inquiry only because it tends to shake the credit of the witness by injuring character.
  • No evidence can be given to contradict the witness on that answer.
  • If the witness gives a false answer, the witness can afterwards face a charge of giving false evidence.

Example of Section 156 BSA

In 2025, at a trial in Chennai, a lawyer asks Farhan about lying on a college form years earlier. That question matters to the inquiry only to shake credit by injuring character, and Farhan denies the allegation. The lawyer then tries to bring a college record to prove the denial wrong. Applying Section 156 BSA, the court bars any evidence to contradict the answer given by Farhan.

When Section 156 BSA Does Not Apply

  • Under Exception 1, when a witness denies having a past conviction for any crime after being asked, evidence of that prior conviction can be given.
  • Under Exception 2, when a witness is asked a question tending to impeach impartiality and denies the suggested facts, the witness can be contradicted.
  • The bar on contradiction does not exclude evidence that contradicts an alleged fact in the case, even if the witness denies that fact during questioning.

Section 156 BSA in the IEA (Previous Law)

Section 156 BSA replaces Section 153 IEA from the old criminal code.

Section 153 of the Indian Evidence Act, 1872 became Section 156 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Illustrations use other place names, with small spelling edits.

FAQs on Section 156 BSA

What is Section 156 BSA?▼

Section 156 of the Bharatiya Sakshya Adhiniyam, 2023 bars evidence contradicting a witness on answers relevant only to character and credit. A witness who answers falsely can still afterwards face a charge of giving false evidence. Section 156 BSA also sets out exceptions for past convictions and questions about impartiality.

Can a party bring evidence of a previous conviction if a witness denies it under Section 156 BSA?▼

Yes. Under Exception 1 to Section 156 BSA, if a witness is asked about having a previous conviction for any crime and denies it, evidence of that conviction can be given.

Can a witness be contradicted after denying bias or a family feud under Section 156 BSA?▼

Yes. Under Exception 2 to Section 156 BSA, when a witness denies suggested facts tending to impeach impartiality, such as a family blood feud, the witness can be contradicted.

Can a witness face legal action for giving a false answer even when Section 156 BSA bars contradicting evidence?▼

Yes. Even when no evidence can be given in that inquiry to contradict the answer, a witness who answers falsely can afterwards face a charge of giving false evidence.

What is Section 156 BSA in IEA?▼

Section 153 IEA. Section 153 IEA became Section 156 BSA on 1 July 2024 with no substantive change, apart from updated place names in an illustration and minor spelling edits.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·