Section 153 IEA: Exclusion of evidence to contradict answers to questions testing veracity
Indian Evidence Act, 1872
Section 153 IEA at a Glance
Section 153 IEA deals with exclusion of evidence to contradict answers to questions testing veracity. From 1 July 2024 it is replaced by Section 156 BSA.
Section 153 IEA Bare Act Text
153. 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 after wards 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 Lahore.
A is asked whether he himself was not on that day at Calcutta. He denies it.
Evidence is offered to show that A was on that day at Calcutta.
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 Lahore.
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 bloodfeud 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 153, Indian Evidence Act, 1872
Section 153 IEA in Simple Words
Section 153 of the Indian Evidence Act, 1872 stopped parties from calling evidence to contradict certain answers of a witness. The rule applied when a question mattered to the inquiry only to shake credit (believability) by injuring character. Once the witness answered that question, no evidence could be given to contradict the witness.
A false answer still carried a legal risk for the witness. If the witness gave a false answer, the witness could afterwards face a charge of giving false evidence.
Section 153 IEA allowed contradicting evidence in its Exceptions. Under Exception 1, when a witness denied a past conviction for any crime, evidence of that conviction could be given. Under Exception 2, when a witness denied suggested facts tending to impeach impartiality (show bias), the witness could be contradicted.
Evidence was also admissible when it contradicted an alleged fact in the inquiry rather than merely attacking credit. For instance, evidence could show the witness was in another city on the day of the alleged sighting.
When Section 153 IEA Applies
- A witness was asked and answered a question during an inquiry.
- The question mattered to the inquiry only because it tended to shake the credit of the witness by injuring character.
- No evidence could be given to contradict the witness on that answer.
- If the witness gave a false answer, the witness could afterwards face a charge of giving false evidence.
Example of Section 153 IEA
When Section 153 IEA Does Not Apply
- Under Exception 1, when a witness denied having a past conviction for any crime after being asked, evidence of that prior conviction could be given.
- Under Exception 2, when a witness was asked a question tending to impeach impartiality and denied the suggested facts, the witness could be contradicted.
- The bar on contradiction did not exclude evidence that contradicted an alleged fact in the case, even if the witness denied that fact during questioning.
Section 153 IEA in the BSA
Section 153 IEA is now covered under Section 156 BSA.
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.
View detailed comparison (IEA 153 vs BSA 156) →FAQs on Section 153 IEA
What is Section 153 IEA?▼
Section 153 of the Indian Evidence Act, 1872 barred evidence contradicting a witness on answers relevant only to character and credit. A witness who answered falsely could still afterwards face a charge of giving false evidence. Section 153 IEA also set out exceptions for past convictions and questions about impartiality.
Could a party bring evidence of a previous conviction if a witness denied it under Section 153 IEA?▼
Yes. Under Exception 1 to Section 153 IEA, if a witness was asked about having a previous conviction for any crime and denied it, evidence of that conviction could be given.
Could a witness be contradicted after denying bias or a family feud under Section 153 IEA?▼
Yes. Under Exception 2 to Section 153 IEA, when a witness denied suggested facts tending to impeach impartiality, such as a family blood feud, the witness could be contradicted.
Could a witness face legal action for giving a false answer even when Section 153 IEA barred contradicting evidence?▼
Yes. Even when no evidence could be given in that inquiry to contradict the answer, a witness who answered falsely could afterwards face a charge of giving false evidence.
What is Section 153 IEA in BSA?▼
Section 156 BSA. 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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Sources: Bare Act Text, Indian Evidence Act, 1872 ·