IEA 155 — Impeaching credit of witness

Indian Evidence Act, 1872

Statutory text

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:––

1. Section 154 numbered as sub-section (1) thereof by Act 2 of 2006, s. 9 (w.e.f. 16-4-2006).

 (1)  By  the  evidence  of  persons  who  testify  that  they,  from  their  knowledge  of  the  witness,
believe him to be unworthy of credit;
(2)  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;
(3) 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 indicted for 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 the wound was not given by A or in his presence.
The evidence is admissible.

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