Section 174
of Evidence Act
Section 174
(1)
The provisions of this Chapter as to hearsay evidence in civil proceedings apply equally (but with any necessary modifications) in relation to a previous statement made by a person called as a witness in the proceedings.
(2)
A party who has called or intends to call a person as a witness in civil proceedings may not in those proceedings adduce evidence of a previous statement made by that person, except —
(a)
with the leave of the court; and
(b)
for the purpose of rebutting a suggestion that his evidence had been fabricated.
This shall not be construed as preventing a witness statement (that is, a written statement of oral evidence which a party to the proceedings intends to lead) from being adopted by a witness in giving evidence or treated as his evidence.
(3)
Nothing in this Chapter affects any of the rules of law as to the circumstances in which, where a person called as a witness in civil proceedings is cross-examined on a document used by him to refresh his memory, that document may be made evidence in the proceedings.
Evidence
B.L.R.O. 4/2014 109
(4)
Nothing in this section shall be construed as preventing a statement of any description referred to above from being admissible by virtue of section 169 as evidence of the matters stated.
Evidence formerly admissible.