Section 161 Bharatiya Sakshya Adhiniyam, 2023: What matters may be proved in connection with proved statement relevant under section 26 or 27

Section 161 of Bharatiya Sakshya Adhiniyam, 2023: What matters may be proved in connection with proved statement relevant under section 26 or 27

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whenever any statement, relevant under section 26 or 27, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Fact Sec 2(1)(d) Proved Sec 2(1)(f)

Legal Commentary & Landmark Judgments: Section 161

Section 161 provides that whenever any statement relevant under section 26 or 27 is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness.

Dying Declaration Safeguard: Ensures that because a deceased declarant cannot be cross-examined, the adverse party can lead evidence of their prior inconsistent statements to contradict them.
Parity with Living Witnesses: All evidence that could have been used to impeach credit had the person stepped into the witness box is admissible.
Corroboration & Confirmation: Equally permits the propounder to prove prior consistent statements to confirm the dying declaration.

Key Landmark Precedents:

State of Rajasthan v. Kishore (1996) 8 SCC 217: The Supreme Court held that under Section 158 IEA (Section 161 BSA), an accused is entitled to lead evidence contradicting a dying declaration or showing that the deceased had made inconsistent statements.
Atbir v. Govt. of NCT of Delhi (2010) 9 SCC 1: Affirmed that dying declarations are subject to impeachment through proof of prior animus or conflicting statements under Section 158.

Courtroom Practice & Strategic Litigation Guidance:

In defending against a dying declaration, lead medical records showing psychiatric history, or produce earlier letters where the deceased gave a totally different account: Section 161 BSA gives you the absolute right to impeach a deceased declarant's credit.