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Indian Evidence Law | Updated 20 October 2026

Section 157 of the Indian Evidence Act: Former Statements of Witnesses and Corroboration

Section 157 of the Indian Evidence Act, 1872 permitted a witness's earlier statement to be proved to support later testimony about the same fact. Its corresponding current provision is Section 160 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

Current legal position: The BSA came into force on 1 July 2024 and repealed the Indian Evidence Act, 1872. However, Section 170(2) of the BSA preserves the former Act for specified applications, trials, inquiries, investigations, proceedings and appeals pending immediately before commencement.

Text of Section 157 of the Indian Evidence Act, 1872

The provision was titled "Former statements of witness may be proved to corroborate later testimony as to same fact".

In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.

Section 160 of the Bharatiya Sakshya Adhiniyam, 2023

Section 160 carries forward the substance of the former Section 157. It allows proof of an earlier statement made by a witness about the same fact where that statement was made either at or about the time of the event or before an authority legally competent to investigate it.

Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF), including Sections 159, 160 and 170.

Meaning and essential conditions

Corroboration means supporting or strengthening evidence already given. A former statement is used to reinforce the witness's testimony, rather than automatically establishing the truth of the asserted fact as independent substantive evidence.

  • Same witness: The former statement must have been made by the witness whose testimony is being corroborated.
  • Same fact: The earlier statement must relate to the fact about which the witness later testifies.
  • Proximity or competent authority: The statement must have been made at or about the time of the occurrence, or before an authority legally competent to investigate that fact.
  • Proof and reliability: The statement must be proved through an admissible method, subject to other applicable evidentiary and procedural restrictions.

Practical illustrations

Statement made soon after an incident

A witness sees a road accident and describes the event to another person immediately afterward. If the witness later testifies in court about the same event, the earlier account may be proved to corroborate that testimony, subject to the statutory requirements.

Statement before a competent investigating authority

A witness gives an earlier account to an authority legally competent to investigate the relevant fact. That statement may qualify for corroborative use, but any special restrictions on the use of statements recorded during criminal investigation must also be considered.

Corroboration versus contradiction

CorroborationContradiction
An earlier consistent statement supports the witness's testimony.An earlier inconsistent statement is used to challenge the testimony.
Governed by Section 160 BSA or, where saved, Section 157 Evidence Act.Subject to the applicable provisions governing cross-examination and previous written statements, including Section 148 BSA.
Generally supports credibility; it is not automatically independent proof of the fact.May affect the weight or reliability of the witness's evidence.

Section 159 BSA (formerly Section 156 Evidence Act) concerns questions about surrounding circumstances that may corroborate evidence of a relevant fact. Section 160 BSA addresses proof of the witness's own former statements. Section 170 BSA governs repeal and savings. These provisions must be read together with other applicable rules on admissibility and witness examination.

Which law applies to a pending case?

Section 170(2) BSA expressly saves the application of the Indian Evidence Act, 1872 for an application, trial, inquiry, investigation, proceeding or appeal pending immediately before 1 July 2024. For other proceedings, the BSA ordinarily governs, subject to the relevant commencement and transitional provisions.

Frequently asked questions

Is Section 157 of the Indian Evidence Act still in force?

The 1872 Act has been repealed, but its provisions continue to apply to proceedings covered by the savings clause in Section 170(2) BSA.

What is the new equivalent of Section 157?

Section 160 of the Bharatiya Sakshya Adhiniyam, 2023.

Can every previous statement corroborate a witness?

No. It must satisfy the statutory requirements, and other restrictions on admissibility or use may apply.

Is an earlier statement substantive evidence?

Its admissibility for corroboration does not, by itself, make it independent substantive evidence of the facts stated.

Official legal references

This article provides general legal information. Application to a particular case depends on the facts, procedural law and binding judicial decisions.