DEFINITION OF IMPEACHING CREDIT
Impeaching The Credit Of A Witness under Indian Evidence Act,involves revealing their true character before the court, leading to a loss of trust in their testimony. This can be initiated by the opposite party or, with court permission, by the party who called the witness if the witness becomes hostile under Section 154.
METHOD OF IMPEACHING CREDIT
1- Impeaching credit through cross examination:-
Cross-examination serves the purpose of uncovering the truth by assessing the witness’s veracity.
- Section 138 allows cross-examination regarding credibility.
- Section 140 permits questioning the witness’s character.
- Section 146 enables the adverse party to test the witness’s veracity and damage their character.
- Section 154 grants permission for the party calling the witness to cross-examine on these points, allowing for impeachment if necessary.
2- Impeaching credit through independent evidences (Section 155)
- Testimony of Unworthiness (Section 155(1)
- Independent evidence can establish a general reputation of untruthfulness that renders the witness unworthy of credit.
- The witness can confirm what is generally said and believed about them. The reasons for this belief can only be asked during cross-examination as per the Explanation to Section 155.
- Proving Witness Has Been Bribed (Section 155(2)
- The adverse party can provide evidence that the witness has been bribed, accepted a bribe, or received corrupt inducements to provide their testimony.
- Note that when a witness has been merely offered a bribe, it may not necessarily affect their testimony.
- Former Inconsistent Statements (Section 155(3)
- A witness’s credit may be impeached by demonstrating their prior statements that contradict their current testimony.
- These contradictions must be substantial enough to impact the witness’s credibility.
In conclusion, Section 155 of the Indian Evidence Act provides legal mechanisms to challenge a witness’s credibility, offering a means to scrutinize their character, reputation, and consistency in statements. This plays a crucial role in ensuring a fair and just legal process. However, it is imperative to follow the procedural and evidentiary requirements outlined in the Act when attempting to impeach a witness, guaranteeing a fair legal process.
Reference:-
https://m.timesofindia.com/india/bill-to-amend-indian-evidence-act-introduced-in-ls/articleshow/29669101.cms – THE TIMES OF INDIA
