Code:
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.
Explanation of Section 160 BSA
Section 160 of the Bharatiya Sakshya Adhiniyam (BSA) allows for the introduction of a witness’s prior statements to strengthen or corroborate their testimony regarding a specific fact. If a witness made a statement at or near the time the relevant event occurred, or if they made the statement before an authority legally qualified to investigate the matter, that prior statement can be presented to support the witness’s current testimony.
This section is critical for enhancing the credibility of a witness’s testimony by proving consistency over time. If a witness’s earlier statement matches their current testimony, it provides additional support for the truthfulness of their account.
Illustration
Example:
A witness testifies in court about an accident they witnessed last month. If they made a statement about the accident to the police shortly after it happened, that earlier statement can be used to corroborate their testimony in court.
Common Questions and Answers on Section 160 BSA
1. What is the purpose of Section 160?
Section 160 aims to strengthen a witness’s testimony by allowing their previous statements to be introduced in court. This helps establish consistency and reliability in their account of the facts.
2. Can any previous statement be used to corroborate a witness?
No, only statements made at or about the time the fact occurred or statements made before an authorized authority can be used for corroboration.
3. How does Section 160 benefit a legal case?
By allowing previous statements to corroborate a witness’s testimony, Section 160 helps to establish the credibility and truthfulness of the witness. This can be crucial in proving the facts of a case.
4. Can Section 160 apply to statements made to anyone?
No, the statement must have been made to an authority legally competent to investigate the fact, such as the police or a government official.
5. What happens if there is no prior statement to corroborate a witness?
Without a prior statement, the witness’s current testimony stands on its own merit. The court will assess its credibility based on the other available evidence.
Conclusion
Section 160 of the Bharatiya Sakshya Adhiniyam (BSA) provides a mechanism to corroborate a witness’s testimony through statements made earlier, strengthening the reliability of their account. By introducing prior consistent statements, this section ensures that a witness’s version of events is more credible and trustworthy.
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