Credibility of witnesses

Two eyewitnesses describe the same robbery at a Thane jewellery shop. One is calm, consistent and has no link with anyone in the case. The other gave the police a different version a month ago and is the accused’s former business partner. Both are competent. Only one is likely to be believed. The Bharatiya Sakshya Adhiniyam 2023 does not tell Judges whom to believe, but it does set out how a witness’s credit can be attacked, how it can be supported, and what happens when your own witness turns against you.

In two minutes

Credibility is the weight a Court gives a competent witness; the BSA lets credit be impeached by evidence of bad reputation for truth, bribery or inconsistent earlier statements (s.158), lets a party with the Court’s leave put cross-type questions to its own witness (s.157), and lets credit be supported by corroboration and consistent former statements (ss.159–161).

The rest of this chapter

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