Watch - MASTERING THE ART OF PROVING CONTRADICTION AND OMISSION DURING TRIAL

Welcome to ‘Nyay Pathshala’.
In today's session, we embark on a journey into the intricate world of trial strategies, with a particular focus on a crucial aspect of evidence law— Section 145 of the Evidence Act.

Section 145 of the Evidence Act is a powerful tool in the hands of lawyers, enabling them to dissect inconsistencies and also unveil the truth.

Let us examine what is contradiction and when can an omission amount to a contradiction and how it can be proved during the trial.

Contradiction: Meaning and Purpose
 The dictionary defines “contradiction” as the act of saying something that is opposite or very different in meaning to something else what is said earlier.
 The word contradiction is not defined under the Evidence Act or under the Code of Criminal Procedure.
 In case of a witness testifies before the court that a certain fact is existed without stating same before police; it is a case of conflict between the testimony before the court and statement made before the police. This is a contradiction. Therefore, statement before the police can be used to contradict his testimony before the court.
 In trials, while cross examination a contradiction happens when a witness under oath says something that is opposite or very different in the meaning or other wise to what is mentioned in the previous statement recorded.
 The dictionary defines “omission” as something that has been left out or excluded.
 In trials, while cross examination, an omission takes place when the witness purposely or otherwise misses out/omits any fact or statement he has made in his/her statement recorded earlier.
 So, omissions and contradictions relate to previous statement made by a witness (most commonly u/s 161 of Code of Criminal Procedure 1973).
 Omission means missing to state something from the earlier statement.
 Causes, and more particularly, effects of such 'something missing (omissions)' and 'something different (contradictions)' have to be dealt with by the Trial Judge, while weighing and appreciating the testimonies of witnesses.
 But a diminutive reference is perceived under Section 155 of the Evidence Act.

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