Section 160 BSA 2023: Former Statements of a Witness to Corroborate Later Testimony

Section 160 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the use of a witness's earlier statement as corroborative evidence when the witness later gives testimony about the same fact.

Current law: The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on July 1, 2024. Section 160 forms part of the law governing corroboration of witness testimony.

Text of Section 160 of the Bharatiya Sakshya Adhiniyam, 2023

Section 160 - Former statements of witness may be proved to corroborate later testimony as to same fact. In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.

What Section 160 means

The provision permits a prior statement of the same witness to be proved for the limited purpose of corroborating that witness's testimony. The former statement must relate to the same fact spoken to by the witness in court and must satisfy either of the statutory timing or authority conditions.

Former statement: An earlier statement made by the witness before the testimony that is sought to be corroborated.

Corroborate: To support or strengthen the testimony already given by the witness. Section 160 is concerned with supporting testimony, not replacing the witness's testimony with an earlier statement.

Same fact: The earlier statement must relate to the fact about which the witness later testifies.

Authority legally competent to investigate: The provision also covers a former statement made before an authority that is legally empowered to investigate the relevant fact.

When a former statement may be proved

Section 160 permits proof of the earlier statement when it falls within either of the following statutory situations:

The statement was made at or about the time when the fact took place; or
The statement was made before an authority legally competent to investigate the fact.

In either case, the statement must have been made by the same witness and must relate to the same fact to which the witness later testifies.

Purpose of Section 160

The purpose of Section 160 is evidentiary corroboration. A prior statement satisfying the section may support the credibility or reliability of a witness's later account of the same fact. Whether the testimony and the corroborative material are ultimately accepted remains a matter for judicial appreciation in the facts of the case.

Section 159 and Section 160: related provisions

Section 159 BSA permits questions about other circumstances observed at or near the relevant time or place where those circumstances could corroborate the witness. Section 160 separately deals with proving a former statement made by the witness about the same fact.

Official legal sources

For the authoritative statutory text and official implementation material, refer to the following Government of India sources:

India Code - Bharatiya Sakshya Adhiniyam, 2023 (official Act PDF) Ministry of Home Affairs - New Criminal Laws Ministry of Home Affairs - Commencement notification for BSA, 2023

Quick summary

Section 160 belongs to the Bharatiya Sakshya Adhiniyam, 2023.
It concerns a former statement made by the same witness.
The statement must relate to the same fact as the later testimony.
It may be proved if made at or about the time of the fact, or before a legally competent investigating authority.
Its statutory purpose is to corroborate the witness's later testimony.

Disclaimer: This page is for general legal information and statutory reference. It is not a substitute for legal advice on the facts of a particular case.