Section 158 of Bharatiya Sakshya Adhiniyam, 2023: Impeaching credit of witness

Bharatiya Sakshya Adhiniyam, 2023 • Official Statutory Text & Practice Guide

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Act 2023
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Legal Commentary & Landmark Judgments: Section 158

Section 158 provides the statutory modes of impeaching the credit of a witness, allowing the adverse party or the calling party (with court leave) to prove unworthiness of credit, corrupt inducement, or previous inconsistent statements.

  • Unworthiness of Credit Testimony: By the evidence of persons who swear that they, from their knowledge of the witness, believe them to be unworthy of credit.
  • Corrupt Inducement & Bribery: 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 evidence.
  • Inconsistent Prior Statements: By proof of former statements inconsistent with any part of their evidence which is liable to be contradicted.
Key Landmark Precedents:
  • State of U.P. v. M.K. Anthony (1985) 1 SCC 505: The Supreme Court observed that minor discrepancies do not impeach the credit of an honest witness under Section 155 IEA (Section 158 BSA); only material contradictions touching the core of the case destroy credibility.
  • Sunil Kumar Sambhudayal Gupta v. State of Maharashtra (2010) 13 SCC 657: Affirmed that where omissions and contradictions in testimony are material, the witness's credit stands successfully impeached.
Courtroom Practice & Strategic Litigation Guidance:

In cross-examination, focus on material contradictions between the witness's deposition and their first police or regulatory statement. If you prove the witness received financial benefits from the opponent, credit is shattered under Section 158.