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What is Question by party to his own witness What is Impeaching credit of witness What is Questions tending to corroborate evidence of relevant fact, admissible Section 154, 155 and 156 of Indian Evidence Act 1872

Question by party to his own witness, Impeaching credit of witness and Questions tending to corroborate evidence of relevant fact, admissible are defined under section 154, 155 and 156 of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 154 of Evidence Act "Question by party to his own witness"

The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross examination by the adverse party.


 

Section 155 of Evidence Act "Impeaching credit of witness"

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 90[accepted] the offer of a bride, 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) When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.

Explanation - 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 delivered goods to B.

The evidence is admissible.

(b) A is indicated for the murder of B.
C says that 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 admissible.

 

Section 156 of Evidence Act "Questions tending to corroborate evidence of relevant fact, admissible"

When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred, if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies.

Illustration
A, an accomplice, gives an account of a robbery in which he took part. He describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed.
Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself.

 

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