A witness is asked whether he was dismissed from the service of the Corporation of Ambala for dishonesty. He denied. Evidence is offered to prove that…Is this evidence admissible?

Question: A witness is asked whether he was dismissed from the service of the Corporation of Ambala for dishonesty. He denied. Evidence is offered to prove that he was dismissed for dishonesty, is it admissible? Give reasons.

Or

‘A’, a witness is asked whether he was dismissed from a situation for dishonesty. He denies it. Evidence is offered to show that he was dismissed for dishonesty. Is this evidence admissible? [BIHAR H.J.S. 2002, W.B.J.S. 1999, BIHAR J., 1979, U.P.A.P.O. 1998, H.R.J.S. 1998]

Find the answer to the mains question only on Legal Bites. [A witness is asked whether he was dismissed from the service of the Corporation of Ambala for dishonesty. He denied. Evidence is offered to prove that he was dismissed for dishonesty, is it admissible? Give reasons.]

Answer

Section 153 of the Indian Evidence Act talks about the exclusion of evidence to contradict answers to questions testing the veracity of witnesses during an examination. According to the section, ‘if a witness has answered a question as to his credit (i.e. affecting his character), whatever be his answer, no evidence is allowed to be given to contradict his answer. But, if the answer given by him is false, he may afterwards be prosecuted for giving false evidence’.

When a witness deposes to facts that are relevant, evidence may be given in contradiction of what he has stated. But when what he deposes to affects only his credit, no evidence to contradict him can be led for the sole purpose of shaking his credit by injuring his character.

However, a witness answering falsely can be proceeded against for giving false evidence under section 193 of the Indian Penal Code. There are two exceptions to this:

1. previous conviction when denied can be proved (section 298, Criminal Procedure Code); and
2. any fact tending to impeach his impartiality when denied can be proved.

This is a salutary rule and is meant to curtail every inquiry. If contradictory evidence is allowed on side issues, for instance, shaking the witness’s credit by injuring his character, there can be no limit to an enquiry. The main issue in the case is almost always likely to be fogged by subsidiary inquiries which are profitless as well as perplexing.

The two exceptions engrafted on the section are capable of easy proof and are material in assessing the weight to be attached to the testimony of an individual witness. It was clarified in the case of Bhogilal v. Royal Insurance Co Ltd, (1927) 30 Bom LR 818 that section 153 should be strictly construed and narrowly interpreted, otherwise Courts would have to investigate, on most imperfect materials, questions which have no bearing upon the matter really in contest.

Illustration (b) appended to section 153 of the Indian Evidence Act talks about a similar situation where 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 inadmissible. In this illustration, no evidence can be given to contradict a witness, but, as the answer is false, he may be prosecuted for giving false evidence (under Section 193, IPC).

Therefore, in the present case at hand, when A witness is asked whether he was dismissed from the service of Corporation of Ambala for dishonesty and he denies it for a fact and if the evidence is already available to prove that he was dismissed for dishonesty, then the witness may be prosecuted for giving false evidence by virtue of section 193 of the Indian Penal Code.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X