Section 158 BSA: Impeaching credit of witness
Bharatiya Sakshya Adhiniyam, 2023
Section 158 BSA at a Glance
Section 158 BSA deals with impeaching credit of witness. It replaced Section 155 IEA on 1 July 2024.
Section 158 BSA Bare Act Text
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.
ExplanationA 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.
Source: Section 158, Bharatiya Sakshya Adhiniyam, 2023
Section 158 BSA in Simple Words
Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 sets out how a party can impeach (challenge) the credit (worthiness of belief) of a witness. The adverse party (the opposing side in the case) can do so directly. The party who called the witness can also do so if the court gives consent.
Under clause (a), a party can call other persons who know the witness. Those persons testify that they believe the witness cannot be trusted. Under clause (b), a party can prove a bribe, an accepted bribe offer, or another corrupt inducement (dishonest reward) for testifying.
Under clause (c), a party can prove earlier statements of the witness that conflict with parts of the testimony open to contradiction. The illustrations confirm that evidence of such earlier conflicting statements is admissible (allowed to be considered by the court).
Under the Explanation, a witness who declares another witness unworthy of credit cannot give reasons during examination-in-chief (initial questioning by the caller). The opposing side can ask for those reasons in cross-examination (questioning by the opposing side). Those answers cannot be contradicted, though false answers can lead to a charge of giving false evidence.
When Section 158 BSA Applies
- 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.
Example of Section 158 BSA
When Section 158 BSA Does Not Apply
- Under clause (c), proof of earlier inconsistent statements applies only to a part of the testimony that is open to contradiction.
- A witness who declares another witness unworthy of credit cannot state reasons for that belief during examination-in-chief.
- Answers given in cross-examination about the reasons for believing a witness to be unworthy of credit cannot be contradicted.
Section 158 BSA in the IEA (Previous Law)
Section 158 BSA replaces Section 155 IEA from the old criminal code.
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.
FAQs on Section 158 BSA
What is Section 158 BSA?▼
Section 158 of the Bharatiya Sakshya Adhiniyam, 2023 sets out how the adverse party, or the calling party with court consent, can impeach the credit of a witness. It allows evidence that the witness is unworthy of credit, proof of a bribe or corrupt inducement, and proof of earlier inconsistent statements.
Can a party impeach the credit of a witness called by that same party under Section 158 BSA?▼
Yes. Under Section 158 BSA, the party who calls a witness can impeach the credit of that witness if the court gives consent.
Can a witness who calls another witness unworthy of credit give reasons during examination-in-chief under Section 158 BSA?▼
No. The Explanation to Section 158 BSA bars that witness from giving reasons for that belief during examination-in-chief, though the reasons can be asked in cross-examination.
Can a party contradict the reasons a witness gives in cross-examination for calling another witness unworthy of credit under Section 158 BSA?▼
No. Under the Explanation to Section 158 BSA, those answers cannot be contradicted, though giving false answers can lead to a later charge for false evidence.
What is Section 158 BSA in IEA?▼
Section 155 IEA became Section 158 BSA on 1 July 2024 with no substantive change. The ways of impeaching credit are lettered (a) to (c) instead of numbered (1) to (3), and Illustration (b) was reworded.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·