सं Samvidhan

Bharatiya Sakshya Adhiniyam, 2023

Section 159

Questions tending to corroborate evidence of relevant fact, admissible

Why this exists

Courts often need extra confidence that a witness's account of a crucial event is accurate, especially with witnesses like accomplices whose testimony can be self-serving or unreliable. This provision (originally Section 157 of the Indian Evidence Act, 1872, now reframed in the Bharatiya Sakshya Adhiniyam, 2023) allows small, verifiable side-details—like what the witness saw on the way to an event—to be used as supporting proof, since truthful witnesses usually remember incidental facts accurately, while fabricators often cannot.

How courts read it

Indian courts have long held that corroboration under this type of provision does not need to relate to the crime itself but only to circumstances surrounding it, especially for accomplice testimony, which the law treats with caution. Judgments interpreting the identical earlier provision (Section 157 of the Evidence Act, 1872) emphasized that such corroborative details help satisfy the rule that accomplice evidence should not be relied upon without support (linked to Section 133 and Illustration (b) of Section 114 of the old Act, now similarly reflected in the 2023 law).

Common misconceptions
  • Myth: The extra details asked about must be directly related to the crime or main fact.
    Fact: They don't have to be related to the crime at all—they just need to be things the witness observed around the same time or place, which help confirm the witness was truly present and truthful.
  • Myth: This provision itself proves the main fact.
    Fact: It doesn't prove the main fact directly; it only supports or corroborates the witness's credibility about that fact, as the court decides.
BSA Section 159 — Questions tending to corroborate evidence of relevant fact, admissible · Samvidhan