EVIDENCE ACT 1977 - SECT 94 Admissibility of evidence concerning credibility of persons responsible for statement

EVIDENCE ACT 1977 - SECT 94

94 Admissibility of evidence concerning credibility of persons responsible for statement

(1) Where in any proceeding a statement is given in evidence by virtue of section 84 , 92 , 93 or 93A and a person who made the statement or supplied the information recorded in it is not called as a witness in the proceeding—

(a) any evidence which, if that person had been so called, would be admissible for the purpose of destroying or supporting the person’s credibility as a witness shall be admissible for that purpose in that proceeding;

(b) any evidence tending to prove that, whether before or after the person made that statement or supplied that information, the person made another statement or supplied other information (whether orally or in a document or otherwise) inconsistent therewith shall be admissible for the purpose of showing that the person has contradicted himself or herself;

but nothing in paragraph (a) or (b) shall enable evidence to be given of any matter of which, if the person in question had been called as a witness and had denied that matter in cross-examination, evidence could not have been adduced by the cross-examining party.

(2) Where in any proceeding a statement is given in evidence by virtue of section 84 , 92 , 93 or 93A and a person who made the statement or supplied the information recorded in it is not called as a witness in the proceeding any evidence proving that that person has been guilty of any indictable or other offence shall, with the leave of the court, be admissible in the proceeding to the same extent as if that person had been so called and on being questioned as to whether the person had been convicted of an indictable or other offence had denied the fact or refused to answer the question.