Section 161 BSA: What matters may be proved in connection with proved statement relevant under section 26 or 27

Bharatiya Sakshya Adhiniyam, 2023

Section 161 BSA at a Glance

Section 161 BSA deals with what matters may be proved in connection with proved statement relevant under section 26 or 27. It replaced Section 158 IEA on 1 July 2024.

Was IEA

Section 158 →

Section 161 BSA Bare Act Text

161. What matters may be proved in connection with proved statement relevant under section 26 or 27

Whenever any statement, relevant under section 26 or 27, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested.

Source: Section 161, Bharatiya Sakshya Adhiniyam, 2023

Section 161 BSA in Simple Words

Section 161 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party challenge or support a statement proved in court without calling the maker as a witness. The rule applies whenever a statement is proved under Section 26 BSA or Section 27 BSA.

Section 26 BSA covers statements of relevant facts made by a person who has died or cannot be located. Section 27 BSA covers earlier testimony recorded in a judicial proceeding or before a legally authorised person. That testimony is relevant in a later proceeding or stage if the witness has died, cannot be located, cannot testify, is kept away by the opposing party, or cannot attend without unreasonable delay or expense. The proviso to Section 27 BSA requires that the earlier proceeding involved the same parties (or representatives in interest), covered substantially the same issues, and gave the opposing party the right and opportunity for cross-examination.

Once a statement under Section 26 BSA or Section 27 BSA is proved, a party may prove other matters to contradict (disprove) or corroborate (support) the statement. A party may also prove matters to impeach (challenge) or confirm (support) the credit (trustworthiness) of the maker.

Any matter may be proved that could have been proved if the maker had testified as a live witness in court and denied the suggested matter during cross-examination (questioning by the opposing party).

When Section 161 BSA Applies

  • A statement that is relevant under Section 26 BSA or Section 27 BSA is proved in court.
  • A party seeks to prove other matters in order to contradict (disprove) or corroborate (support) that proved statement.
  • A party seeks to prove other matters to impeach (challenge) or confirm (support) the credit of the maker of the statement.
  • The matter is something that could have been proved if the maker had testified as a witness and denied the truth of the suggested matter during cross-examination.

Example of Section 161 BSA

In August 2024, during a trial in Jaipur, a party proves earlier judicial testimony given by Farhan, who has died, as a statement relevant under Section 27 BSA. The opposing side challenges that proved testimony, and Priya seeks to corroborate the testimony and confirm the credit of its maker. Priya offers evidence of matters that could have been proved had Farhan testified as a live witness in court and denied the suggested matters during cross-examination. Under Section 161 BSA, Priya is permitted to prove those matters to corroborate the proved testimony and confirm the credit of its maker.

Section 161 BSA in the IEA (Previous Law)

Section 161 BSA replaces Section 158 IEA from the old criminal code.

Section 158 of the Indian Evidence Act, 1872 became Section 161 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Only the section numbers it cites were updated.

FAQs on Section 161 BSA

What is Section 161 BSA?▼

Section 161 of the Bharatiya Sakshya Adhiniyam, 2023 sets out what matters may be proved when a statement is proved under Section 26 BSA or Section 27 BSA. It lets a party prove matters to contradict or corroborate the statement, or to impeach or confirm the credit of its maker.

Can a party challenge the credit of a person whose statement is proved under Section 26 BSA or Section 27 BSA?▼

Yes. Section 161 BSA allows a party to prove matters to impeach (challenge) or confirm (support) the credit (trustworthiness) of the maker of the proved statement. It also allows proof of matters to contradict or corroborate the statement itself.

Which matters can be proved under Section 161 BSA regarding the maker of the statement?▼

Any matter that could have been proved had that person testified as a live witness in court and denied the suggested matter during cross-examination. The rule treats the absent maker as if the maker had appeared on the witness stand and denied the suggestion on cross-examination.

What is Section 161 BSA in IEA?▼

Section 158 IEA. Section 158 IEA became Section 161 BSA on 1 July 2024 with no substantive change, and the same rule applies.

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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 ·