Impeaching the credit of a witness means to test their credibility or trustworthiness during a trial process. This is an important feature of cross-examination to make sure that the testimony given is authentic and reliable.
What is Impeaching the Credit of a Witness?
Impeaching the credit of a witness under Section 158 of Bharatiya Sakshya Adhiniyam,2023 (BSA),involves showing the true character before the court,which leads to a loss of trust in their testimony. This can be commenced by the opposite party or with court‘s authorisation , by the party who called the witness if the witness becomes hostile under Section 157 of BSA. (Earlier under Section 155 of IEA)
Key Component
Methods of impeaching credit are as under-
1- Through cross examination
Cross-examination serves the purpose of exposing the truth by evaluating the witness’s veracity.
- Section 143 of BSA permits cross-examination regarding credibility.
- Section 145 of BSA allows questioning the witness’s character.
- Section 149 of BSA allows the adverse party to test the witness’s veracity and harm their character.
- Section 157 of BSA gives authorisation for the party calling the witness to cross-examine on these points, permitting for impeachment if required.
2- Through independent evidences
A)Testimony of Unworthiness -Section 158(1) of BSA
- Independent evidence can establish a common reputation of dishonesty that makes the witness unworthy of credit.
- The witness can validate that is commonly said and believed about them. The reasons for this belief can only be asked during cross-examination as per the Explanation to Section 158 of BSA.
B)Proving witness has been corrupt or bribed-Section 158(2) of BSA
- The opposing party can give evidence that the witness has been bribed or accepted a bribe, or received corrupt inducements to give their testimony.
- Note that when a witness has been solely offered a bribe, it may not necessarily affect their testimony.
C)Former Inconsistent Statements (Section 158(3) of BSA
- A witness’s credit may be impeached by showing their earlier statements that contradict their current testimony.
- These contradictions must be important enough to impact the witness’s credibility.
Exceptions
The witness who testifies that another witness is dishonest cannot give reasons for this belief during the initial questioning. However, they may be asked to explain their causes during cross-examination. Even if their clarification is false, they cannot be contradicted immediately, though they can face charges for giving false evidence later.
Examples
- A sues B for the price of goods. C says that they delivered the goods to B. The evidence is given showing C earlier said they hadn’t delivered the goods. This contradicting evidence is admissible.
- A is accused of murdering B. C claims before dying, B said A was responsible for the wound. But there’s evidence C had earlier said B did not blame A. This evidence is also admissible.
Why is This Important?
Impeaching a credit of a witness is important in trials because it makes sure that the court only depends on honest and reliable testimony. It safeguards the integrity of the legal process by allowing false or misleading evidence to be challenged.
Section 158 of Bharatiya Sakshya Adhiniyam,2023(BSA) gives legal mechanisms to challenge a witness’s credibility, offering a means to inspect their character, reputation, and consistency in statements. This plays an important role in making sure that there is a fair and just legal process. However, it is imperative to follow the procedural and evidentiary needs outlined in BSA when attempting to impeach a witness, guaranteeing a fair legal process.
Source:
