Introduction
Witness plays an important role in Evidence law. The
witness performs an important public duty of assisting the court in deciding on
the guilt or protects the accused in a case. Sometimes, the witness take bribe
or unworthy credit which can be loss for the parties to lose the case from
either of side. Section 155 of Indian Evidence Act, 1872 deals with the
impeaching credit of witness which means exposing the real character of witness
to the court, so that the court may not trust him. The credit of a witness is
generally impeached by the opposite party, but when the witness become
aggressive, his credit may be impeached with the permission of court or by the
party who calls him. The Section permits the following method where opposite
party can impeach credit of witness. According to Section 155, it states that: “the credit of a witness may be impeached in
the following ways by the adverse party with the consent of the court or by the
party who calls him”:
1.
By the evidence of
persons who testify from their knowledge of witness believe him to be unworthy
of credit.
2.
By the proof that
witness has been bribed or accepted the offer of a bribe or received any other
corrupt inducement to give his evidence.
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3. By the proof of
former statements inconsistent with any part of his evidence which is liable to
be contradicted.
ILLUSTRATION – A sues B for the price of goods sold and delivered to
B. C says that A delivered the goods to B. The evidence is offered to show that
on previous occasion that he had not delivered the goods to B. The evidence
will be admissible.[i]
Method of Impeaching Credit of Witness
There are following methods mentioned in this section
for impeaching credit of witnesses:-
·
Unworthy of Credit – Producing witnesses who testify from their personal
knowledge of the witness that he is unworthy of credit and such person should
have personal knowledge of the witness. The court cited following points from
the judgement of the Supreme Court i.e., A person who witnesses a murder reacts
in his way. Some are stunned, become speechless and stands crumble to the spot.
Some become uncontrolled and start wailing and shouting for help while some
people run away to keep themselves removed from the spot and others rush to the
rescue of the victim. So, everyone reacts in his own special way. There is not
set rule of natural reaction and everyone has different reaction in different
incident. To discard the evidence a witness on the ground that they did not
react in a particular manner is to appreciate evidence in a wholly unrealistic
and unimaginative way.
·
Corrupt Inducement –
When the witness has either taken bribe or accepted the offer of a bribe or
some other corrupt inducement for giving his evidence. This type of witness is
not an independent witness but is one who has been hired. This witness often
known as Pocket witness. If this fact is proved, the witness loses his credit
immediately.
·
Former Inconsistent Statements – By showing earlier statements of the witness which
contradict his present statements can be cited only to the extent to which
section 153 would permit such contradiction. If a witness disowns any statement
which is inconsistent with any part of his statements made earlier, he can be
contradicted by calling the attention to those parts of statement which are to
be used for contradicting him, but asking questions in cross-examination with
the reference to such statements would not serve any purpose.
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·
Immoral Character of Prosecutrix for Rape – When a man is being prosecuted for rape or an attempt
of ravish, it may be shown that Prosecutrix, the complainant, is generally a
woman of immortal character. When the Prosecutrix is being subjected to
prolonged and harassing cross-examination, the Supreme Court has advised the
court not to sit as silent spectator to the harassment. The court must
safeguard the honour of the Prosecutrix otherwise woman victims of crime would
be compelled to reconcile with the stroke of luck and go on tolerating vicious
attacks violently outside the court and embarrassing inside the court.
Explanation
A witness who expresses the opinion to the court that
another witness is unworthy of credit shall not state the reasons for his opinion
in the examination-in-chief. But he may be called upon to explain his reasons
in cross-examination. Whatever reason he may give shall not be contradicted but
if the answer is false, he may be prosecuted or charged for giving false
evidence.[ii]
Here, in this article I will explain the Section 155
which plays an important role in the false witness who takes bribe or unworthy
credit and can also be charged with the false evidence.
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