Report No. 185

Proposed Section 157A:

In para 88.36B, the 69th Report recommended a comprehensive provision for confirming the credit of a witness by independent evidence, as in England and USA. At present, such confirmation of the credit can be 505 made (i) by way of providing corroborative evidence under ss. 156-157 (ii) by cross examining the witness produced to impeach the credibility, or (iii) by substantive evidence on the main issues. There is, however, no comprehensive provision permitting independent evidence to be given confirming the credit of a witness, though there is a provision for impeaching credit.

The following provision is recommended in para 88.38 and we agree that such a provision on the lines of Section 146 be inserted:

"157A. Establishing credit of witness by independent evidence.- Where the credit of a witness has been impeached by any party , the adverse party may, notwithstanding anything contained in Section 153, in order to re-establish his credit, introduce independent evidence concerning his , credibility or veracity or to show who he is and his position in life."

[So far as sub Section (2) of the above new Section 157A is concerned, it was so recommended in the 69th Report to the effect that "when a man is prosecuted for rape or an attempt to commit rape, it may be shown that the prosecutrix was of generally good character." We are of the view that such a provision may enable the accused to produce contrary evidence of her bad character. As we have reiterated the 172nd Report that Section 155(4) be deleted, we are not in favour of sub-Section (2) of Section 157A as proposed]. In fact, Section 155(4) has been deleted by the Indian Evidence (Amendment) Act, 2002 (Act 4 of 2003).