Section 158 IEA: What matters may be proved in connection with proved statement relevant under section 32 or 33

Section 158 of the Indian Evidence Act, 1872 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 32 IEA or Section 33 IEA.

Section 32 IEA covers statements of relevant facts made by a person who has died or cannot be located. Section 33 IEA 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 33 IEA 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 32 IEA or Section 33 IEA 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).

Section 158 IEA is now covered under Section 161 BSA.

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.