Introduction
Section 155 of the Indian Evidence Act, 1872 and Section 149 of the Bharatiya Sakshya Adhiniyam, 2023 address witness credibility at different procedural stages. Section 155 focuses on how a party may formally impeach the credit of a witness by leading independent evidence. In contrast, Section 149 BSA governs what questions may be asked during cross-examination to test veracity or shake credibility. The distinction lies between proof through evidence and challenge through questioning. This separation remains fundamental even under the new Bharatiya Sakshya framework.
How Did Section 155 of the Indian Evidence Act Operate?
Section 155 of the Evidence Act laid down specific and structured methods for impeaching the credit of a witness. It allowed the adverse party to attack credibility by producing evidence from outside the witness’s own testimony. The law permitted calling other witnesses to depose that the original witness was unworthy of credit. It also allowed proof that the witness had accepted bribes or corrupt inducements. Further, it permitted proof of prior inconsistent statements, subject to the safeguards provided elsewhere in the Act. These methods created a formal evidentiary route for discrediting testimony beyond cross-examination.
Why Was Section 155 Considered a Substantive Provision?
Courts consistently treated Section 155 as a substantive rule of evidence rather than a mere procedural guideline. It did not regulate questioning techniques. Instead, it authorised the introduction of independent evidence to undermine credibility. This meant that impeachment under Section 155 required compliance with evidentiary rules, including relevancy, admissibility, and proof. The provision therefore operated after or alongside cross-examination, not within it. This distinction preserved fairness and prevented credibility attacks based solely on insinuation.
What Is the Purpose of Section 149 of the Bharatiya Sakshya Adhiniyam?
Section 149 of the Bharatiya Sakshya Adhiniyam governs the scope of lawful questions during cross-examination. It permits questions intended to test the truthfulness of a witness, discover their identity or social position, or shake their credit by affecting their character. The provision allows such questions even when the answers may incriminate the witness or expose them to penalties. Its focus is on the process of questioning rather than on proving facts through additional evidence.
How Does Section 149 BSA Strengthen the Rape-Shield Protection?
Section 149 BSA contains a strong proviso applicable to sexual offence trials under specified provisions of the Bharatiya Nyaya Sanhita. Where consent is in issue, the law expressly prohibits questions or evidence relating to the victim’s general immoral character or previous sexual experience. The aim is to prevent character assassination and victim blaming. This marks a clear strengthening of the rape-shield rule compared to the earlier regime under the Evidence Act. The provision limits cross-examination even when credibility is challenged.
Which Provision Under the BSA Replaces Section 155 of the Evidence Act?
Under the Bharatiya Sakshya Adhiniyam, the direct successor to Section 155 of the Evidence Act is Section 158. Section 158 BSA continues the substantive framework for impeaching the credit of a witness by independent evidence. Comparative charts and legislative materials consistently map Section 155 IEA to Section 158 BSA. Section 149 BSA, on the other hand, corresponds to Section 146 of the Evidence Act, which dealt with lawful questions in cross-examination.
Why Is It Incorrect to Equate Section 149 BSA with Section 155 IEA?
Equating Section 149 BSA with Section 155 IEA creates doctrinal confusion. Section 149 regulates the permissibility of questions during cross-examination. Section 155, now Section 158 BSA, governs the admissibility of evidence aimed at discrediting a witness. Questioning and proof serve different functions in trial procedure. While answers obtained during cross-examination may later support impeachment, the authority to impeach formally flows from Section 158 BSA, not Section 149.
How Do Cross-Examination and Impeachment by Evidence Interact?
Cross-examination under Section 149 BSA may expose inconsistencies, bias, or lack of credibility. These answers can form the factual foundation for impeachment under Section 158 BSA. However, the two stages remain legally distinct. Cross-examination tests the witness directly. Impeachment by evidence introduces external proof to undermine credibility. The Bharatiya Sakshya Adhiniyam preserves this classic evidentiary structure inherited from the Evidence Act.
What Is the Exam-Oriented Way to Contrast Section 155 IEA and Section 149 BSA?
From an examination perspective, Section 155 IEA represents substantive impeachment by evidence, now found in Section 158 BSA. Section 149 BSA represents procedural control over cross-examination questions. One deals with proof. The other deals with questioning. Understanding this separation helps answer problem questions accurately and avoids mixing procedural and substantive concepts.
Conclusion
The distinction ensures fairness in trials. It prevents credibility attacks based solely on suggestive questioning without proof. It also protects vulnerable witnesses, especially in sexual offence cases, from invasive and irrelevant character attacks. By separating questioning rules from impeachment evidence, the Bharatiya Sakshya Adhiniyam balances truth-seeking with dignity and due process.
