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155. Impeaching credit of witness

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:-

  1. by the evidence of persons who testify that they, from their knowledge of the witness believe him to be unworthy of credit;
  2. by proof that the witness has been bribed, or has 1*[accepted] the offer of a bride, or has received any other corrupt inducement to give his evidence;
  3. by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted;
  4. 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

  1. 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 delivered goods to B.
    The evidence is admissible.
  2. A is indicated 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 admissible.

    1. Subs. by Act 18 of 1872, s. 11, for "had".