Section 160 BSA: Former statements of witness may be proved to corroborate later testimony as to same fact
Bharatiya Sakshya Adhiniyam, 2023
Section 160 BSA at a Glance
Section 160 BSA deals with former statements of witness may be proved to corroborate later testimony as to same fact. It replaced Section 157 IEA on 1 July 2024.
Section 160 BSA Bare Act Text
160. Former statements of witness may be proved to corroborate later testimony as to same fact
In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.
Source: Section 160, Bharatiya Sakshya Adhiniyam, 2023
Section 160 BSA in Simple Words
Section 160 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party prove a former statement of a witness to corroborate (confirm or support) later court testimony. Both the former statement and the testimony (evidence given in court) must come from the same witness and cover the same fact.
Not every past remark qualifies under Section 160 BSA. The witness must have made the former statement when the event happened, or right around that time. Alternatively, the witness must have made it before an authority legally competent (authorized by law) to examine that fact.
When either condition is satisfied, the former statement may be proved in court to support what the witness testifies on the stand. The rule is permissive, meaning a party may prove the earlier statement when seeking to corroborate the witness.
When Section 160 BSA Applies
- A witness gives testimony in court about a fact, and a party seeks to corroborate that testimony.
- The same witness previously made a statement about that same fact.
- The former statement was made when the fact happened or right around that time.
- Alternatively, the witness made the former statement before an authority that has legal power to investigate that fact.
Example of Section 160 BSA
Section 160 BSA in the IEA (Previous Law)
Section 160 BSA replaces Section 157 IEA from the old criminal code.
Section 157 of the Indian Evidence Act, 1872 became Section 160 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
FAQs on Section 160 BSA
What is Section 160 BSA?▼
Section 160 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule that allows a former statement of a witness to be proved in court to corroborate the later testimony of that witness on the same fact. The earlier statement must have been made when or around the time the fact occurred, or before an authority that is legally competent to examine that fact.
Can a former statement made long after the event be proved under Section 160 BSA?▼
Yes, if the witness made it before an authority that is legally competent to examine the fact. Otherwise, a former statement can be proved under Section 160 BSA only if the witness made it when the event happened or right around that time.
Can a statement made by another person be used under Section 160 BSA to corroborate a witness?▼
No. Section 160 BSA applies only to a former statement made by the same witness whose testimony is being corroborated, and the statement must relate to the same fact.
What is Section 160 BSA in IEA?▼
Section 157 IEA. Section 157 IEA became Section 160 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·