A, a witness is asked whether his family has not had a blood feud with the family of B against whom he gives evidence. He denies it. Can evidence be given to contradict him?

Question: A, a witness is asked whether his family has not had a blood feud with the family of B against whom he gives evidence. He denies it. Can evidence be given to contradict him? [U.P.A.P.O. Exam. 1998]

Find the answer to the mains question only on Legal Bites. [A, a witness is asked whether his family has not had a blood feud with the family of B against whom he gives evidence. He denies it. Can evidence be given to contradict him?]

Answer

Section 153—Exclusion of evidence to contradict answers to questions testing veracity:

When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him, but if he answers falsely, he may afterwards be charged with giving false evidence.

Exception 2, Section 153: If a question is asked to impeach the impartiality of a witness and he denies the suggestion contained in the question, his answer may be contradicted. A party may call evidence to show that a witness on the other side has given his evidence in a particular case from some corrupt or indirect motive, as bribery, malice or revenge; or has given it under the influence of some bias in favour of, or against, one of the parties whereby suspicion is cast on the honesty of his evidence.

Illustration (d) appended to section 153 is related to Exception 2 of the section. The facts of the present case at hand are also taken from this illustration in which A is asked whether his family has not had a blood feud with the family of B against whom he gives evidence. He denies it. He may be contradicted on the ground that the question tends to impeach his impartiality.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X