Section 155 of IEA : Section 155: Impeaching Credit Of Witness

Explanation using Example

Imagine a case where a man, Mr. A, is accused of theft. During the trial, a witness, Mr. X, testifies that he saw Mr. A committing the theft. The defense wants to discredit Mr. X's testimony.

The defense may use Section 155 of The Indian Evidence Act, 1872 in the following ways:

• The defense could present witnesses who know Mr. X and are of the opinion that he is not trustworthy, thus questioning his credibility.
• They could provide evidence that Mr. X has been offered a bribe or some other incentive by the prosecution to testify against Mr. A, suggesting that his testimony might be influenced by this corrupt inducement.
• Lastly, if there are any previous statements made by Mr. X that contradict his current testimony, the defense could present those to show inconsistency in his statements, casting doubt on his reliability as a witness.

For example, if Mr. X previously told someone that he wasn't sure who he saw committing the theft but during the trial he confidently states that it was Mr. A, this inconsistency can be used to impeach his credibility under this section.