Evidence Act · 2014 Revised Edition · Chapter X
155. Impeaching credit of witness
Official textFrom Attorney General's Chambers, unchanged
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 —
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;
evidence
“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;
Evidence
by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted;
when a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.
Explanation — A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence.
Illustrations
A sues B for the price of goods sold and delivered to B.
C says that he delivered the goods to B.
Evidence is offered to show that on a previous occasion he said that he had not delivered the goods to B.
The evidence is admissible.
A is indicted for the murder of B.
C says that B, when dying, declared that A had given B the wound of which he died.
Evidence is offered to show that on a previous occasion C said that the wound was not given by A or in his presence.
The evidence is admissible.
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.