Bharatiya Sakshya Adhiniyam, 2023

BSA Section 158

Impeaching credit of witness

In one line

BSA Section 158 deals with impeaching credit of witness and replaces Evidence Act 155.

Bare act text — BSA 158

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. Explanation.--A 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

What changed from the Evidence Act

  • Evidence Act 155 → BSA 158: Numbers (1), (2) and (3) are replaced by (a), (b) and (c).
  • Evidence Act 155 → BSA 158: Word "indicted" is replaced by "accused".

Frequently asked

What was BSA Section 158 in the Evidence Act?

BSA Section 158 (Impeaching credit of witness) replaces Section 155 of the Indian Evidence Act, 1872. Evidence Act 155 is now BSA 158.

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