Tripod Test

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

[Advocate]

Tripod Test-

Tanmoy Mukherjee

      [Advocate]

Tripod Evidence-

-The tripod test is a Judicially evolved concept not a codified provision, used by courts to determine the evidentiary value of a witness's testimony.

-The idea is that like a tripod camera stand, the strength of the testimony rests on three supportive legs-

1. Credibility

2. Reliability

3. Admissibility

If any one of these is missing or weak, the tripod (i.e., the evidentiary strength of the testimony) becomes unstable and the evidence can collapse.

1. Credibility-

Whether the witness is believable or trustworthy and appears to speak the truth.

Relevant Provisions:

-Section 119 BSA (Sec. 114 IEA)

-Section 158 BSA (Sec. 155 IEA)

-Section 6 BSA (Sec. 8 IEA)

2. Reliability-

Even if a witness is honest, is their testimony accurate and supported by other facts.

Relevant Provisions-

-Sec. 54, 55 BSA (Sec. 59, 60 IEA) Oral evidence must be direct.

-Sec. 4 BSA (Sec. 6 IEA) Res gestae, Spontaneous

3. Admissibility-

Is the evidence legally acceptable under the BSA/IEA.

Reference Cases-