Section 154 Evidence Act and Section 157 BSA: Question by Party to His Own Witness
A party who calls a witness ordinarily examines that witness in chief. Where the witness becomes adverse, evasive or contradicts material facts, the court may allow that party to ask questions ordinarily used in cross-examination. The governing provision for proceedings under the new evidence law is Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Section 157 of the Bharatiya Sakshya Adhiniyam, 2023
The heading of Section 157 is Question by party to his own witness. It contains two sub-sections:
Sub-section (1): The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party.
Sub-section (2): Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any part of the evidence of such witness.
Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).
Section 154 of the Indian Evidence Act, 1872
The former provision, titled Question by party to his own witness, provided:
Section 154(1): The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.
Section 154(2): Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any part of the evidence of such witness.
The provision was divided into sub-sections and sub-section (2) inserted by Section 9 of Act 2 of 2006, effective 16 April 2006. This clarification therefore predates the BSA and is not a new rule introduced in 2023.
Meaning and practical application
What is a hostile witness?
In ordinary legal usage, a hostile witness is one whose attitude or testimony is adverse to the party who called the witness. The expression is commonly used in litigation, but Section 157 does not itself define a separate statutory category called a hostile witness. The legal question is whether the court should exercise its discretion to permit cross-examination-style questions.
Is court permission necessary?
Yes. A party does not obtain an automatic right to cross-examine its own witness merely because an answer is unfavourable. The court decides whether to grant permission in light of the witness's testimony and the circumstances. Counsel may seek permission when material answers are evasive, inconsistent or adverse.
Can the party still rely on favourable evidence?
Yes. Sub-section (2) expressly preserves the right to rely on any part of that witness's evidence. Permission to ask adverse questions does not automatically make the whole testimony inadmissible or worthless. The court assesses the reliability of the relevant portions together with other evidence.
Example
A prosecution witness earlier identified an accused person but, when examined in court, states that the witness cannot identify anyone. The prosecutor may ask the court for permission under Section 157(1) to put questions of the kind normally asked in cross-examination. If permission is granted, the court must still assess the witness's testimony and other admissible evidence; the earlier statement does not automatically become proof of its contents.
Old and current statutory provisions
| Subject | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|---|
| Question by party to own witness | Section 154 | Section 157 |
| Permission to ask cross-examination questions | Section 154(1) | Section 157(1) |
| Reliance on witness's evidence | Section 154(2) | Section 157(2) |
| Impeaching credit of witness | Section 155 | Section 158 |
Repeal and savings: Which law applies?
Section 170 of the BSA repeals the Indian Evidence Act, 1872, while saving the application of the former Act to specified proceedings pending immediately before commencement, including trials, applications, inquiries, investigations, proceedings and appeals. The applicable regime should be checked against the date and procedural status of the particular matter rather than assumed solely from the hearing date.
Frequently asked questions
What is the BSA equivalent of Section 154 of the Evidence Act?
Section 157 of the Bharatiya Sakshya Adhiniyam, 2023.
Can a party cross-examine its own witness without permission?
No. Section 157(1) makes the court's permission discretionary.
Does a hostile witness's entire testimony become unusable?
No. Section 157(2) permits reliance on any part of the evidence, subject to the court's evaluation of credibility and the applicable rules of evidence.
Was sub-section (2) first introduced by the BSA?
No. It was already present in the Indian Evidence Act following the 2006 amendment.
Official legal references
Bharatiya Sakshya Adhiniyam, 2023 - India Code (official PDF). See Sections 157, 158 and 170. For historical context, see the Indian Evidence Act, 1872 overview.
This article provides general legal information. Application of the savings clause and evidentiary rules depends on the facts and procedural posture of each case.