Bharatiya Sakshya Adhiniyam, 2023
Section 161
What matters may be proved in connection with proved statement relevant under
Whenever any statement, relevant under section 26 or 27, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested.
Why this exists
Ordinarily, a witness's honesty and consistency are tested through cross-examination in court. But some statements — like a dying declaration or testimony given in an earlier case — get accepted into evidence precisely because the maker cannot be cross-examined now (they may be dead, missing, or the earlier proceeding is over). This provision closes that gap: it lets courts apply the same fairness rules of contradiction, corroboration, and credibility-testing to such statements, as if the absent person had been questioned live in court.
Common misconceptions
- Myth: Once a dying declaration or old testimony is read into evidence, no one can question it further.
Fact: This provision allows both sides to bring in other evidence to contradict, support, attack, or defend the reliability of that statement, treating it much like live cross-examination. - Myth: This section creates a brand-new type of evidence.
Fact: It does not add new evidence categories; it only lets parties test the credibility of statements already made admissible under Section 26 or 27.