Monday, February 8, 2016

Credibility of a witness

Credibility of a witness:

Sec.155 of the Indian Evidence Act,1872:

Sec.155: 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 accepted the offer of a bribe, 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 be delivered the goods to B. Evidence is offered to show that, on a previous occasion, he said that he had not delivered the goods to B. The evidence is admissible.
(b)   A is indicted 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.
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