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During the cross-examination of the witness as to previous statements made before police almost all…

A previous police statement can impeach credit under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 145 of the Indian Evidence Act, 1872) only where…

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During the cross-examination of the witness as to previous statements made before police almost all contradictions or omissions were brought on record, which were portions from the statements made before the Police that were not deposed before the Court Which of the following statements will apply to the case?

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Correct answer C

A previous police statement can impeach credit under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 145 of the Indian Evidence Act, 1872) only where it contradicts what the witness actually deposed in court; mere omissions or portions never deposed do not amount to contradictions as contemplated by Section 148. Hence "The credibility of the witness has not been impeached because the contradictions were not as contemplated under section 148 of the Bharatiya Sakshya Adhiniyam, 2023.", and neither "The credibility of the witness has been impeached under section 148 of the Bharatiya Sakshya Adhiniyam, 2023." nor "The credibility of the witness has been impeached under section 151 of the Bharatiya Sakshya Adhiniyam, 2023." applies, while Section 157 (question by a party to his own witness) has nothing to do with it, so "The credibility of the witness has not been impeached because the protection under section 157 of the Bharatiya Sakshya Adhiniyam, 2023 will apply." is also wrong.

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