What matters may be proved in connection with proved statement relevant under section 26 or 27.
What this section does
When a statement relevant under section 26 or 27 is proved, all matters that could have been proved to contradict, corroborate, impeach, or confirm the credit of the maker — had that person been called as a witness and denied the matter in cross-examination — may be proved. This section extends the full range of credibility-testing tools to out-of-court statements admitted under those sections. It ensures that the maker of such a statement is treated, for evidentiary purposes, as if they were a witness who had denied the statement.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
All matters admissible to test a witness's credibility are equally admissible in relation to a proved statement under ss. 26 or 27.
When it applies
- A dying declaration admitted under s. 26 may be contradicted by showing the declarant had previously made a contrary statement.
- A confession admitted under s. 27 may be corroborated by independent evidence confirming the facts stated in it.
Derived from IEA s.158.
Read the official text
For the binding statutory text of BSA Section 161, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 161 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.