IEA 153 — Exclusion of evidence to contradict answers to questions testing veracity

Indian Evidence Act, 1872

Statutory text

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.

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