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IEA, 1872
Start Practicing
IEAChapter XSection 155
Section155

Impeaching credit of witness

AI Assist

Summary

An adverse party (or, with the court's consent, the party who calls the witness) may attack a witness's credit by: testimony that people consider the witness unworthy of belief; proof of bribery or other corrupt inducement; or proof of prior statements that contradict the witness's present evidence. A witness who brands another unworthy cannot give reasons in examination-in-chief but can be asked in cross-examination; those answers cannot be contradicted, though false answers may lead to a charge for giving false evidence.

Example

Ravi sues Karan for the price of goods. Meera testifies she delivered the goods to Karan. Karan produces witnesses who say Meera earlier told them she had not delivered the goods. That prior inconsistent statement can be used to impeach Meera's credit and weaken her testimony.

Bare Act

Enacted 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) 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) ***

Explanations

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 the 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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X

Chapter X

Of the Examination of Witnesses

In this chapter

  • 135Order of production and examination of witnesses
  • 136Judge to decide as to admissibility of evidence
  • 137Examination-in-chief
  • 138Order of examinations
  • 139Cross-examination of person called to produce a document
  • 140Witnesses to character
  • 141Leading questions
  • 142When they must not be asked
  • 143When they may be asked
  • 144Evidence as to matters in writing
  • 145Cross-examination as to previous statements in writing
  • 146Questions lawful in cross-examination
  • 147When witness to be compelled to answer
  • 148Court to decide when question shall be asked and when witness compelled to answer
  • 149Question not to be asked without reasonable grounds
  • 150Procedure of Court in case of question being asked without reasonable grounds
  • 151Indecent and scandalous questions
  • 152Questions intended to insult or annoy
  • 153Exclusion of evidence to contradict answers to questions testing veracity
  • 154Question by party to his own witness
  • 155Impeaching credit of witness
  • 156Question tending to corroborate evidence of relevant fact, admissible
  • 157Former statements of witness may be proved to corroborate later testimony as to same fact
  • 158What matters may be proved in connection with proved statement relevant under section 32 or 33
  • 159Refreshing memory
  • 160Testimony to facts stated in document mentioned in section 159
  • 161Right of adverse party as to writing used to refresh memory
  • 162Production of documents
  • 163Giving, as evidence, of document called for and produced on notice
  • 164Using, as evidence, of document production of which was refused on notice
  • 165Judge’s power to put questions or order production
  • 166Power of jury or assessors to put questions
Previous · Section 154Question by party to his own witnessNext · Section 156Question tending to corroborate evidence of relevant fact, admissible