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Section 155 of Indian Evidence Act 1872: Impeaching credit of witness

Section 155 (Impeaching credit of witness) under Chapter X (Of the Examination of Witnesses) of Part III (Production and Effect of Evidence) of the Indian Evidence Act, 1872 —

❝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 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;

 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 not delivered 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.

 The evidence is admissible.❞




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Notes:

The Indian Evidence Act, 1872 (Act No. 1 of 1872) was amended by:

01. Indian Evidence Act Amendment Act, 1872 (Act No. 18 of 1872);
02. Indian Evidence Act, 1872 Amendment Act, 1887 (Act No. 03 of 1887);
03. Indian Evidence Act, 1872 Amendment Act, 1891 (Act No. 03 of 1891);
04. Indian Evidence Act, 1899 (Act No. 05 of 1899);
05. Repealing and Amending Act, 1914 (Act No. 10 of 1914);
06. Repealing and Amending Act, 1919 (Act No. 18 of 1919);
07. Indian Evidence (Amendment) Act, 1926 (Act No. 31 of 1926);
08. Repealing and Amending Act, 1927 (Act No. 10 of 1927);
09. Amending Act, 1934 (Act No. 35 of 1934);
10. Government of India (Adaptation of Indian Laws) Order, 1937;
11. Repealing Act, 1938 (Act No. 01 of 1938);
12. Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948;
13. Repealing and Amending Act, 1949 (Act No. 40 of 1949);
14. Adaptation of Laws Order, 1950;
15. Part B States (Laws) Act, 1951 (Act No. 03 of 1951);
16. Criminal Law (Amendment) Act, 1983 (Act No. 43 of 1983);
17. Criminal Law (Second Amendment) Act, 1983 (Act No. 46 of 1983);
18. Terrorist Affected Areas (Special Courts) Act, 1984 (Act No. 61 of 1984);
19. Information Technology Act, 2000 (Act No. 21 of 2000);
20. Indian Evidence (Amendment) Act, 2002 (Act No. 04 of 2003);
21. Criminal Law (Amendment) Act, 2005 (Act No. 02 of 2006);
22. Information Technology (Amendment) Act, 2008 (Act No. 10 of 2009);
23. Criminal Law (Amendment) Act, 2013 (Act No. 13 of 2013);
24. Criminal Law (Amendment) Act, 2018 (Act No. 22 of 2018).

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