Section 153 Indian Evidence Act

IEA 153 : Section 153 of the Indian Evidence Act 1872:

Exclusion of evidence to contradict answers to questions testing veracity.—When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he answers falsely, he may afterwards be charged with giving false evidence. Exception 1.—If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction. Exception 2.—If a witness is asked any question tending to impeach his impartiality, and answers it by denying the facts suggested, he may be contradicted. Illustrations

(a) A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies it. Evidence is offered to show that he did make such a claim. The evidence is inadmissible.

(b) A witness is asked whether he was not dismissed from a situation for dishonesty. He denies it. Evidence is offered to show that he was dismissed for dishonesty. The evidence is not admissible.

(c) A affirms that on a certain day he saw B at Lahore. A is asked whether he himself was not on that day at Calcutta. He denies it. Evidence is offered to show that A was on that day at Calcutta. The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in Lahore. In each of these cases the witness might, if his denial was false, be charged with giving false evidence.

(d) A is asked whether his family has not had a blood feud with the family of B against whom he gives evidence. He denies it. He may be contradicted on the ground that the question tends to impeach his impartiality.

India's Important Case Laws and Landmark Judgments on IEA - Section 153 Indian Evidence Act 1872:

Shobha vs Unknown - Kerala High Court  

Shri N. Sri Rama Reddy Etc vs Shri V. V. Giri on 27 April, 1970 - Supreme Court of India 

Lior Avi Ben Moyal vs Narcotics Control Bureau on 28 November, 2008 - Punjab-Haryana High Court 

State Of Gujarat vs Shailendra Kamalkishor Pande on 29 June, 2007 - Gujarat High Court 

K.Rajendran vs Kerala State Election Commission on 30 November, 2012 - Kerala High Court 

R K Chandolia vs Cbi & Ors on 11 April, 2012 - Delhi High Court 

Kamal Kanto Das vs The State on 17 December, 1958 - Calcutta High Court 

State Of Karnataka vs K. Yarappa Reddy on 5 October, 1999 - Supreme Court of India 

Emperor vs Rahimatalli Mahomedalli Mulla on 30 September, 1919 - Bombay High Court 

Crr No. 398 Of 2013 (O&M) vs State Of Haryana on 2 May, 2013 - Punjab-Haryana High Court