AI Overview...
Introduction
In legal proceedings, the credibility of a witness can make or break a case. Section 155 of the Indian Evidence Act, 1872, provides a powerful tool for parties to challenge witness testimony by impeaching their credit. Whether you're dealing with civil disputes, criminal trials, or arbitration matters, understanding how to request and use this provision is crucial. This post explores request witness testimony challenge under Section 155 Evidence Act, drawing from key judicial interpretations to help you navigate its application.
Typically, courts allow challenges based on prior inconsistent statements, bias, or other factors that undermine reliability. However, success depends on procedure and evidence. Note: This is general information; consult a lawyer for case-specific advice.
What is Section 155 of the Indian Evidence Act?
Section 155 outlines methods to impeach the credit of a witness without declaring them hostile. It states: The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him... Key illustrations include:
- Proof of bad character (clause 1)
- Previous inconsistent statements relevant to the matter (clause 3)
- Bias, corruption, or inducement (clauses 2, 4, 5, 6)
This section works alongside Section 145 (cross-examining on previous written statements) and Section 146 (questions testing veracity). Importantly, impeaching credit doesn't require hostility declaration under Section 154—it's a distinct right. Krishnachandra Pal VS Bhondu - 1967 Supreme(MP) 124
Courts emphasize strict construction: The provisions contained in section 155 should be strictly construed and narrowly interpreted. Krishnachandra Pal VS Bhondu - 1967 Supreme(MP) 124
When Can You Invoke Section 155?
- Immediately after examination-in-chief, before cross-examination begins. Krishnachandra Pal VS Bhondu - 1967 Supreme(MP) 124
- To contradict via prior statements, but only those 'liable to be contradicted.' Mere inconsistencies aren't enough; they must impair credibility. Bhanwari VS State of Rajasthan - 2001 Supreme(Raj) 1176
- Handwriting isn't a 'former statement' under clause 3. Krishnachandra Pal VS Bhondu - 1967 Supreme(MP) 124
Grounds for Challenging Witness Testimony
1. Previous Inconsistent Statements
The most common method: Prove a former statement inconsistent with current testimony. Section 155 of the Evidence Act provides scope for impeaching the credit of a witness by proof of an inconsistent former statement. Bhanwari VS State of Rajasthan - 2001 Supreme(Raj) 1176
Under Section 145, confront the witness with the writing; if denied, prove it. But Section 155(3) allows independent evidence of oral inconsistencies too. Example: In murder trials, discrepancies between police statements (u/s 161 CrPC) and court testimony can impeach via Section 145 read with 155. Subodh Yadav VS State of Bihar - 2024 Supreme(Pat) 137
Mere inconsistency in evidence is not sufficient to impair the credit of the witness. Rammi @ Rameshwar etc. VS State of Madhya Pradesh
2. Bias or Interested Witness
Show the witness has motive to lie, like family ties in group rivalry cases. Courts scrutinize interested witnesses carefully: Evidence of interested witnesses has to be examined with great care. Subodh Yadav VS State of Bihar - 2024 Supreme(Pat) 137
3. Hostile Witnesses and Cross-Examination
No need to declare hostile first. Impeaching credit of one's own witness may be done without getting him declared hostile. Krishnachandra Pal VS Bhondu - 1967 Supreme(MP) 124
Prosecution can cross-examine its witness under Section 154 with leave, then impeach under 155. Partial support doesn't auto-hostilize. K. P. Tamilmaran VS State By Deputy Superintendent of Police - 2025 4 Supreme 641
Procedure to Challenge Under Section 155
Obtain Prior Statements: Police records (u/s 161 CrPC), affidavits, or arbitral statements qualify if written. Oral statements need proof. Mohammed Nissam A. A. VS State of Kerala - 2015 Supreme(Ker) 1282
Confront During Cross-Examination: Draw attention per Section 145. Section 145... enables the cross examiner to use any former statement... to contradict. Bhanwari VS State of Rajasthan - 2001 Supreme(Raj) 1176
Prove Inconsistency: If denied, adduce secondary evidence. DVDs or mahazars aren't 'statements' unless authored by the witness. Mohammed Nissam A. A. VS State of Kerala - 2015 Supreme(Ker) 1282
Court's Role: Judges control via Section 165 Evidence Act or Section 311 CrPC. No right to cross court witnesses without leave. K. P. Tamilmaran VS State By Deputy Superintendent of Police - 2025 4 Supreme 641
Limitations:
- Can't use subsequent statements. YETRINATHALA SUBBULU NAIDU VS ALA NIRMALA - 2019 Supreme(AP) 390
- Magistrate can't direct charge-sheet post-final report (unrelated but procedural note). Abhinandan Jha: Roopchand Lal VS Dinesh Mishra: State Of Bihar - 1967 Supreme(SC) 141
- Tape recordings admissible if relevant, for impeachment. N. Rama Reddy VS V. V. Giri - 1970 Supreme(SC) 239
Key Case Laws on Section 155 Challenges
Antulay Case (A.R. Antulay v. R.S. Nayak): Discussed evidence in corruption trials; prior statements key to credibility. Supreme Court stressed judicial errors in transfers but affirmed witness scrutiny. A. R. Antulay VS R. S. Nayak - 1988 Supreme(SC) 337
Indira Gandhi Murder Case: Confessions and prior statements analyzed; Section 155 used without hostility. Kehar Singhs VS State (Delhi Administration) - 1988 Supreme(SC) 475
Bajaj v. Gill: FIR allegations tested; inconsistencies impeached credit. The settled principle... High Court is not justified in embarking upon an enquiry as to the probability. Rupan Deol Bajaj: B. R. Bajaj VS Kanwar Pal Singh Gill: State Of Punjab - 1995 Supreme(SC) 1016
Recent NIA Case: Trial court rightly rejected application; Section 155 applies post-facto. NAEEM ARIF RAMODIA VS STATE OF GUJARAT - 2019 Supreme(Guj) 76
Arbitral Statements: Public documents; usable for contradiction. A C JAILAVUDHEEN vs STATE OF KERALA - 2025 Supreme(Online)(KER) 80
In Rajdeo Sharma v. State of Bihar, courts reminded to follow procedures strictly. AKIL @ JAVED VS STATE OF NCT OF DELHI - 2012 Supreme(SC) 880
Practical Tips for Lawyers
- File Applications Early: Seek permission for tapes or documents. N. Rama Reddy VS V. V. Giri - 1970 Supreme(SC) 239
- Avoid Overreach: Exaggerated challenges harm credibility. Preeti Gupta VS State of Jharkhand - 2010 6 Supreme 312
- Re-Examination: Explain cross-elicited matters. Rammi @ Rameshwar etc. VS State of Madhya Pradesh
Bullet points for success:
- Verify statement authenticity (e.g., Section 65B for electronics). Mohammed Nissam A. A. VS State of Kerala - 2015 Supreme(Ker) 1282
- Time confrontation properly.
- Argue relevance to issue.
Key Takeaways
- Section 155 empowers robust challenges without hostility.
- Prior written statements are gold; use 145 first.
- Courts favor justice over technicalities but demand proof.
- In trials, inconsistencies alone rarely discard testimony—focus on material contradictions.
Disclaimer: This overview is for educational purposes. Legal outcomes vary by facts and jurisdiction. Always seek professional advice; this isn't a substitute.
In sum, mastering Section 155 Evidence Act equips you to request witness testimony challenge effectively, ensuring fair trials. Stay informed on evolving precedents.
Search Results for "Challenging Witness Under Section 155 Evidence Act"
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
Indian Penal Code,1860 - Section 307- Prevention of Corruption Act, 1947- Appeal Against Conviction - First ... light of the above decisions of this Court, we feel that the said observations made in the impugned judgment are unwarranted and ... the historical anecdote is out of context and inappropriate. ... noncognizable case or commit the same for trial within the terms under #....
1988 0 Supreme(SC) 337 • India - Supreme Court
B.C.RAY, G.L.OZA, M.N.VENKATACHALIAH, RANGANATH MISRA, S.NATARAJAN, S.RANGANATHAN, SABYASACHI MUKHARJEE
Volumes of testimony, we are told have been recorded and numerous exhibits have been admitted as evidence. ... basis of evidence of 57 witnesses and a mass of documents. ... has been held by the earlier bench, the argument based on Article 14 would really amount to a challenge to the very vires of section ... could not suppress the publication ....
2007 0 Supreme(SC) 1294 • India - Supreme Court
DALVEER BHANDARI, R.V.RAVEENDRAN
we direct the parties to bear their own costs (iii)where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly ... On the request of respondent no.3, the Sabha reduced the amount owed of Rs.1,50,000/- to him in view of the existence of a passage
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
of 1973 - Indian Evidence Act, 1872 - Criminal Law Act of 1973 - Section 62 - Ireland Emergency Provisions Act, 1978 - U.P. ... to Section 19 convictions are for offences other Sections 3 and 4 of Act 28 of 1987 the accused may be entitled to file an appeal ... known as TADA Acts - Challenging constitutional validity of #HL_ST....
1954 0 Supreme(SC) 177 • India - Supreme Court
B.JAGANNATHA DAS, VIVIAN BOSE, B.K.MUKHERJEE
Sections 4(1)(i), 156, 168, 173, 551 and Chap. XIV-Scheme of the Code with regard to investigation. ... in investigation-Effect on trial-Irregularity if curable under Section 537. ... ... Sections 190, 193, 195 to 199 and 537-Meaning and scope-illegality ... It is to be borne in mind that the Act creates two new rules of evidence one under Section 4 and the other under Section 5....
2019 0 Supreme(Guj) 76 • India - Gujarat
K.M.THAKER, V.P.PATEL
in the decision to reject the application - Learned court has rightly observed and concluded that Section 155 of the Evidence Act ... 146 and 155 - Original Accused has filed this Appeal under Section 21 of the National Investigation Agency Act, against the order ... 21 - Unlawful Activities Act, 1967 - #HL_S....
2021 0 Supreme(Ker) 872 • India - Kerala
P.SOMARAJAN
under Section 155 of Evidence Act or whether he is an interested witness. ... Evidence Act - Section 155 and 73 - Specific Relief Act - Sections 22 and 22(2) - Code of Civil Procedure ... Finding of the Court: Proviso attached to sub-section (2) of Section 22 of ....
2001 0 Supreme(Raj) 1176 • India - Rajasthan
ARUN MADAN, K.S.RATHORE
Section 155 of the Evidence Act provides scope for impeaching the credit of a witness by proof of an inconsistent former statement ... That being so, Section 145 of the Evidence Act enables the cross examiner to use any former statement of the witness but ....
1967 0 Supreme(MP) 124 • India - Madhya Pradesh
A.P.Sen
Such a view of the right given to a party under section 155 of the Evidence Act is wholly unwarranted. ... (1) Evidence Act, 1872 - S. 155 - impeaching credit of one's own witness - may be done without getting him declared hostile - 'former ... ' within the meaning of Clause III of section #....
2011 0 Supreme(Gau) 129 • India - Gauhati
MADAN B.LOKUR, H.BARUAH
161 and 164 - English Act of 1865 - Section 155 - Evidence Act - Section 11 - Dispute causing fatal injuries - Post mortem examination ... request of his mother deceased - On situation, it cannot be said on account of his absence from home when witnesses visited place ... per provision of Indian Evidence - As per evidence of ,....
2019 0 Supreme(AP) 390 • India - Andhra Pradesh
M. SEETHARAMA MURTI
Under Sections 145 & 155 of the Indian Evidence Act, a witness can be contradicted by utilising her previous statement but not a subsequent statement made on oath. ... Section 155 of the said Act, which deals with impeaching credit of witness postulates that the credit of a witness may be impeached by the adverse party by proof of former statements inconsistent with any part of his evidence, which is liable to be c....
2015 0 Supreme(Guj) 954 • India - Gujarat
J.B.PARDIWALA
For further (sic) Section 155 expressly permits by indicating a mode and manner to bring in evidence upon the credit of a witness so as to impeach such testimony. ... What could therefore be brought before the Court under Section 155 can surely be put to the witness nay, must be put while he is giving evidence in a cause. ... In such offensive only the Court is empowered to protect the witness by the manner indicat....
2025 4 Supreme 641 • India - Supreme Court
SUDHANSHU DHULIA, PRASHANT KUMAR MISHRA
Cr.P.C. read with Section 165 of the Evidence Act and call such a person as a Court witness. ... Section 311 Cr.P.C. can also be read along with Section 165 of the Evidence Act, as the powers of the Court under Section 165 of the Evidence Act are complementary to Section 311 of Cr.P.C. ... It may also be worthwhile to mention here that by the Criminal Law Amendment Act#....
2007 0 Supreme(Raj) 1010 • India - Rajasthan
SHIV KUMAR SHARMA, GUMAN SINGH
This principle is delineated in Section 155(3) of the Indian Evidence Act and it must be borne in mind while reading Section 145 which consists of two limbs. ... At this juncture, it will be appropriate to refer Section 145 and 155 of Indian Evidence Act which read thus:- ... "145. ... Having heard rival submissions and on scanning the material on record we notice that the learned trial Judge while recording the testimony#....
• India - High Court of Rajasthan - High Court Bench at Jaipur
of the Indian Evidence Act. ... This principle is delineated in Section 155(3) of the Indian Evidence Act and it must be borne in mind while reading 155 of Indian Evidence Act which read thus:- ... 155. Impeaching credit of witness. ... But if the witness disowns having made any statement which is inconsistent with his present stand his testimony in ....
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