Code: Section 156 – Bharatiya Sakshya Adhiniyam (BSA)
When a witness has been asked and has answered any question which is relevant
to the inquiry only in so far as it tends to shake his credit by injuring his character, no
evidence shall be given to contradict him; but, if he answers falsely, he may afterwards be
charged with giving false evidence.
Exception 1.—If a witness is asked whether he has been previously convicted of any
crime and denies it, evidence may be given of his previous conviction.
Exception 2.—If a witness is asked any question tending to impeach his impartiality,
and answers it by denying the facts suggested, he may be contradicted.
Illustrations.
(a) A claim against an underwriter is resisted on the ground of fraud. The claimant is
asked whether, in a former transaction, he had not made a fraudulent claim. He denies it.
Evidence is offered to show that he did make such a claim. The evidence is inadmissible.
(b) A witness is asked whether he was not dismissed from a situation for dishonesty.
He denies it. Evidence is offered to show that he was dismissed for dishonesty. The evidence
is not admissible.
(c) A affirms that on a certain day he saw B at Goa. A is asked whether he himself was
not on that day at Varanasi. He denies it. Evidence is offered to show that A was on that day
at Varanasi. The evidence is admissible, not as contradicting A on a fact which affects his
credit, but as contradicting the alleged fact that B was seen on the day in question in Goa.
In each of these cases, the witness might, if his denial was false, be charged with giving
false evidence.
(d) A is asked whether his family has not had a blood feud with the family of B against
whom he gives evidence. He denies it. He may be contradicted on the ground that the
question tends to impeach his impartiality.
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Explanation of Section 156 BSA
Section 156 of the Bharatiya Sakshya Adhiniyam (BSA) addresses a key aspect of cross-examination: testing a witness’s credibility. It provides that when a witness answers a question solely intended to challenge their character, no additional evidence may be introduced to contradict that answer—unless specific exceptions apply.
This rule prevents court proceedings from being sidetracked by collateral disputes over a witness’s character. However, the law also recognizes two major exceptions:
- If the witness denies a prior criminal conviction, the opposing party may produce evidence of that conviction.
- If the witness denies a fact that questions their impartiality, they can be contradicted with supporting evidence.
If a witness lies in response to these questions, they can later be charged with giving false evidence.
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Illustrations
Here are a few examples to clarify how Section 156 is applied:
- (a) A claimant is asked if they have made a fraudulent claim in the past. They deny it. Evidence to prove the past fraud is not allowed, since it only affects their character.
- (b) A witness is asked if they were dismissed for dishonesty. They deny it. Evidence of the dismissal cannot be submitted, as it’s a character-based contradiction.
- (c) A witness says they saw someone in Goa on a specific date. They are asked if they were in Varanasi on that date. They deny it. Evidence proving they were in Varanasi is admissible—because it contradicts the fact in issue, not just the witness’s character.
- (d) A witness is asked about a family feud that could show bias. They deny it. Evidence of the feud can be submitted, as it questions the witness’s impartiality.
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Common Questions and Answers on Section 156 BSA
1. Why does the law restrict evidence that contradicts character-related questions?
Because such evidence often distracts from the core issue of the case. The law aims to focus on the main facts rather than side matters related to a witness’s personal history.
2. Can a witness be punished for lying under this section?
Yes. If the witness lies in response to a question and the lie is later proven, they can be charged with giving false evidence under applicable legal provisions.
3. What if the question is about a past criminal conviction?
That’s an exception. If the witness denies having a prior conviction, evidence may be submitted to prove the conviction.
4. How does this section ensure fairness in trials?
By limiting unnecessary character attacks and keeping the trial focused on the main facts. However, it still allows critical credibility issues—like bias or prior convictions—to be examined fully.
5. How is this different from Section 155?
Section 155 deals with offensive or insulting questions, while Section 156 deals with whether you can introduce evidence to challenge a witness’s response to a character-based question.
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Conclusion
Section 156 of the Bharatiya Sakshya Adhiniyam strikes a balance between questioning a witness’s credibility and maintaining courtroom efficiency. It limits the use of evidence that serves only to discredit character unless it directly relates to impartiality or past convictions. This provision helps protect witnesses from unnecessary character attacks while still ensuring that the truth comes out where it matters most.
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