652 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- In what cases can a witness be contradicted ?
The Section which deals with the contradiction of a witness is Section 153. For the purposes of contradiction, the Section divides the answers of the witness into two classes
(1) Answers to questions relating to relevant facts and (2) Answers to questions relating to the credit of a witness.
- Are the answers of a witness to questions relating credit liable to contradiction ?
The answer given in Section 153 is positive to the effect that such answers shall not be contradicted.
There are only two exceptions to the rule :
(i) If previous conviction is denied, you can contradict it by evidence.
(ii) If the witness denies partiality he may be contradicted.
In this connection, it must be borne in mind that under the provisions of Section 155, the answers of a witness giving reasons in X-Examination for his belief in the untrustworthiness of another witness are not liable to be contradicted.
In all these cases, where the answers of a witness to questions relating to credit are not liable to contradiction, the law provides that if their answers are false they may afterwards be charged with giving false evidence.
4. Are answers of a witness to questions on relevant facts liable to contradiction ?
(1) Section 153 is negative in character and merely states cases in which contradiction is not allowed. It does not state in what cases contradiction will be allowed.
(2) It does not include answers to relevant questions in its prohibition. By implication it seems to permit contradiction of such answers.
(3) There is illustration (c) to Section 153 which shows that the legislature intended to permit contradiction of such answers.
- Section 153, therefore, lays down the rule that you can contradict answers to relevant questions. But you cannot contradict answers to questions on credit.