​Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023 –
Impeaching the Credit of a Witness (Section 158)

Case Scenario
In a criminal trial, a witness gives strong testimony against the accused. However, during cross-examination, it is revealed that the witness had earlier given a different version of events and may have accepted money from an interested party. The defence argues that the witness is unreliable and his evidence should not be trusted. The court must now decide whether the credibility of the witness has been sufficiently shaken.
This situation is governed by Section 158 of the Bharatiya Sakshya Adhiniyam, 2023.

Meaning of Impeaching the Credit of a Witness
​A witness is considered living evidence, and the credibility of such evidence is crucial to the administration of justice. However, witnesses may be:

• Influenced
• Coerced
• Biased
• Motivated by personal or corrupt interests

Impeaching the credit of a witness means:

• Challenging or shaking the reliability of the witness
• Exposing inconsistencies, bias, corruption, or untruthfulness
• Convincing the court that the witness is not trustworthy, and therefore his evidence should not be relied upon

In simple terms, impeachment is the process of discrediting a witness.

Section 158 – Statutory Provision (Explained Simply)Section 158 provides that the credit of a witness may be impeached:

• By the adverse party as a matter of right, or
• By the party who calls the witness, but only with the consent of the Court

The section specifies three recognised methods of impeaching a witness’s credit.

Modes of Impeaching the Credit of a Witness (Note Form)(i) Evidence of Unworthiness of Credit

• Independent witnesses may testify that:
  • From their personal knowledge
  • The witness has a general reputation for untruthfulness

Key points:

• The impeaching witness must speak about:
  • What is generally said about the witness
  • Among people with whom the witness lives or works

This method attacks the general character for veracity.

(ii) Proof of Bribery or Corrupt Inducement

• The credit of a witness may be impeached by proving that:
  • He has been bribed, or
  • He accepted an offer of a bribe, or
  • He received any other corrupt inducement to give evidence

Important clarification:

• A mere offer of a bribe is not sufficient
• It must be shown that:
  • The witness demanded, accepted, or acted upon the bribe

This method attacks the integrity and impartiality of the witness.

(iii) Proof of Former Inconsistent Statements

• The witness’s credit may be impeached by proving that:
  • He made previous statements
  • Which are inconsistent with his testimony in court

Such inconsistency shows:

• Unreliability
• Falsehood
• Lack of truthfulness

This is one of the most commonly used methods of impeachment.

Explanation: Charging a Witness for False Evidence

• A witness who testifies that another witness is unworthy of credit:
  • Cannot give reasons in examination-in-chief
  • But may be asked reasons during cross-examination

Important rule:

• The answers given by such a witness:
  • Cannot be contradicted

However:

• If those answers are false,
• The witness may be charged with giving false evidence later

Illustrative Examples (Explained)Example (a)

• A sues B for goods sold
• C testifies that he delivered the goods
• Evidence is produced that C earlier said he did not deliver them

👉 This evidence is admissible to impeach C’s credit.

Example (b)

• A is accused of murdering B
• C states that B, while dying, accused A
• Evidence shows C earlier said B did not make such a declaration

👉 This evidence is admissible to impeach C’s credibility.

Scope of Section 158

• Impeachment aims to:
  • Shake the reliability of testimony
  • Expose the real character of the witness
• Credit of a witness may be impeached:
  • By cross-examination
  • By independent evidence
• Rights of parties:
  • Adverse party: absolute right to impeach
  • Party calling the witness: only with court’s permission

Relationship Between Section 148 and Section 158(c)

• Section 148:
  • Deals with contradiction of a witness
  • Requires previous statements to be:
    • In writing, or
    • Reduced to writing
• Section 158(c):
  • Allows impeachment using:
    • Oral or written former statements

However:

• If the former statement is in writing,
• The procedure under Section 148 must be followed

Connection with Corroboration

• Sections 159 to 161 deal with corroboration of witnesses
• Section 158 deals with the opposite process—discrediting a witness
• Together, these provisions ensure:
  • Only reliable evidence is accepted
  • Truth is separated from falsehood

Critical AnalysisStrengths

1. Protects courts from unreliable testimony
2. Prevents miscarriage of justice
3. Encourages truthful testimony
4. Balances rights of both parties
5. Strengthens fact-finding process

Limitations

1. Risk of character assassination if misused
2. Requires careful judicial supervision
3. Overemphasis on minor inconsistencies may be unfair

10 Illustrative Case Scenarios

1. Witness contradicted by prior statement
2. Evidence of bribery produced
3. Reputation for untruthfulness proved
4. Hostile witness impeached
5. False dying declaration exposed
6. Independent evidence discredits testimony
7. Oral inconsistent statement proved
8. Written contradiction proved following Section 148
9. Court permits party to impeach its own witness
10. Witness charged for giving false evidence

ConclusionSection 158 of the Bharatiya Sakshya Adhiniyam, 2023 provides a comprehensive mechanism for impeaching the credit of a witness. By allowing credibility to be challenged through proof of untruthfulness, bribery, or inconsistent statements, the section ensures that courts rely only on trustworthy evidence.
At the same time, procedural safeguards—such as requiring court permission and adherence to prescribed methods—prevent abuse. Together with the rules on corroboration, Section 158 plays a vital role in ensuring that justice is founded on reliable and truthful testimony.