Thursday 30 November 2023

What is the basic concept of Impeaching credit of witness?

S. 155 of Indian Indian Act:- 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—

(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.

(4) [* * *]

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.

    Impeaching the credibility of a witness in judicial proceedings in India is governed by the Indian Evidence Act, 1872. The Act provides various methods for impeaching a witness's credit and challenging their credibility. Here are some of the key provisions and methods for impeaching a witness's credit under the Indian Evidence Act:

  • 1) Cross-Examination (Section 138 of Evidence Act): Cross-examination is a fundamental method of impeaching the credibility of a witness. During cross-examination, the opposing party's Advocate can question the witness about inconsistencies in their testimony, prior statements, or any potential biases or motives to lie.

  • 2) Prior Inconsistent Statements (Section 145): Section 145 of the Indian Evidence Act allows a witness to be questioned about prior inconsistent statements they have made. If the witness has previously made statements that are inconsistent with their current testimony, those prior statements can be introduced to impeach their credibility.

  • 3) Bias or Interest (Section 146): Section 146 of Evidence Act allows a witness to be questioned about any potential bias or interest they may have in the case, which could affect their credibility. This includes financial interests, personal relationships, or any other factors that may influence their testimony.

  • 4) Leading Questions (Section 143 of Evidence Act): Leading questions that suggest a particular answer can be used during cross-examination to challenge a witness's credibility.

It's important to note that while these methods are available for impeaching a witness's credit, they must be used within the framework of the Indian Evidence Act and legal procedures. Additionally, the weight given to such impeaching evidence is ultimately determined by the judge, who will assess the credibility and reliability of the witness's testimony in the context of the case.

Print Page

No comments:

Post a Comment