Section 156 BSA 2023: Exclusion of Evidence to Contradict Answers to Questions Testing Veracity
Section 156 of the Bharatiya Sakshya Adhiniyam, 2023 deals with a limited but important rule of cross-examination. Where a witness answers a question that is relevant only because it tends to shake the witness's credit by injuring his character, independent evidence ordinarily cannot be introduced merely to contradict that answer. The section also contains two express exceptions.
Applicable law: The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. It came into force on July 1, 2024.
Meaning and scope of Section 156
The provision limits what is sometimes called collateral contradiction. If a question is relevant only for testing a witness's credit by attacking character, the witness's answer is generally treated as final for that collateral issue. A party cannot ordinarily call separate evidence solely to prove that the witness gave the wrong answer.
The section does not, however, protect a knowingly false answer from legal consequences. Its text expressly states that a witness who answers falsely may afterwards be charged with giving false evidence.
Text and rule under Section 156
Section 156 - Exclusion of evidence to contradict answers to questions testing veracity.
When a witness has been asked and has answered a question which is relevant to the inquiry only so far as it tends to shake the witness's credit by injuring his character, evidence cannot be given merely to contradict that answer. If the answer is false, the witness may afterwards be proceeded against for giving false evidence.
The controlling requirement is that the question must be relevant only for testing credit through the witness's character. Where the proposed contradiction also bears directly on a fact in issue or another independently relevant matter, the rule does not operate in the same way.
Exceptions under Section 156
Exception 1: Previous conviction
If a witness is asked whether he has previously been convicted of a crime and denies it, evidence of that previous conviction may be given. The statute therefore expressly permits contradiction on this point.
Exception 2: Impartiality of the witness
If a witness is asked a question tending to impeach his impartiality and denies the suggested facts, he may be contradicted. This covers matters showing possible bias, hostility, partiality or another reason why the witness may not be neutral.
Illustrations to Section 156
Illustration (a): Prior fraudulent claim. A claimant in an insurance-related dispute denies having made a fraudulent claim in an earlier transaction. Evidence offered only to prove that earlier fraud is inadmissible for contradicting the answer on character.
Illustration (b): Dismissal for dishonesty. A witness denies having been dismissed from a previous position for dishonesty. Evidence offered merely to prove that dismissal is not admissible for contradicting the witness on that collateral matter.
Illustration (c): Presence at another place. A witness says that he saw B at Goa on a particular day but denies that he himself was at Varanasi that day. Evidence showing that the witness was at Varanasi is admissible because it contradicts the substantive assertion that B was seen at Goa, not merely the witness's character.
Illustration (d): Blood feud and impartiality. A witness denies that his family had a blood feud with the family of the person against whom he is giving evidence. The witness may be contradicted because the question tends to impeach his impartiality.
Practical effect of Section 156
In practical terms, Section 156 draws a distinction between:
(1) a collateral attack on a witness's character, where the answer generally cannot be contradicted by separate evidence; and
(2) matters that fall within the statutory exceptions or that are independently relevant to the facts in issue, where contradiction may be permissible.
The provision should be read with the surrounding BSA provisions governing questions in cross-examination, improper questions, questions intended to insult or annoy, questions to one's own witness, and impeachment of credit.
Official legal sources
For the authoritative statutory text, refer to the official India Code version of the Bharatiya Sakshya Adhiniyam, 2023 and the Ministry of Home Affairs page for the new criminal laws.
India Code - Bharatiya Sakshya Adhiniyam, 2023 (official PDF)
Ministry of Home Affairs - New Criminal Laws