Code: Section 157 – Bharatiya Sakshya Adhiniyam (BSA)
(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.
(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.
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Explanation of Section 157 BSA
Section 157 of the Bharatiya Sakshya Adhiniyam provides flexibility to the party calling a witness. Typically, a party is not allowed to cross-examine their own witness, since the assumption is that the witness will support the case of the party who called them. However, if the witness turns hostile or gives unexpected testimony, the Court may allow the calling party to ask cross-examination-type questions.
This provision is essential to ensure justice is not compromised when a witness fails to cooperate or deviates from their previous statements.
Importantly, even if such permission is granted, the party is not barred from relying on any truthful or favorable part of the witness’s testimony.
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Illustration
Let’s look at an example to understand how Section 157 works:
Example:
During a murder trial, the prosecution calls a key eyewitness. However, on the witness stand, the eyewitness states that he “didn’t see anything clearly.” This contradicts his previous statement to the police. The Court may allow the prosecution to treat the witness as hostile and ask him leading questions, just as the defense would in cross-examination.
Even if this witness later confirms a fact favorable to the prosecution, they are still entitled to rely on that part of his testimony.
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Common Questions and Answers on Section 157 BSA
1. Can a party normally cross-examine their own witness?
No. Normally, the party that calls a witness conducts direct examination only. However, under Section 157, the Court can permit cross-examination-style questioning when a witness behaves unpredictably or becomes hostile.
2. What is a “hostile witness”?
A hostile witness is one who deviates from their earlier statement or gives testimony unfavorable to the party who called them. The Court must declare the witness hostile before cross-examination is permitted by the same party.
3. Can the party still use favorable parts of the testimony?
Yes. Even if a party cross-examines their own witness, they can still rely on any part of that witness’s statement that supports their case.
4. Who decides if a witness can be cross-examined under this section?
The judge has the discretion to permit such questioning. The party must usually make a formal request and show good reason (such as inconsistency or unexpected hostility).
5. Why is this provision important?
It ensures that a case isn’t derailed just because a witness changes their statement. It also protects the integrity of the legal process by allowing parties to challenge unexpected or false testimony.
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Conclusion
Section 157 of the Bharatiya Sakshya Adhiniyam ensures that truth and justice are not compromised by an uncooperative or hostile witness. It gives the Court the discretion to allow cross-examination by the party who called the witness—an exception to the general rule of evidence law. At the same time, it ensures that parties can still rely on truthful parts of that witness’s testimony.
For more easy-to-understand legal insights, browse the complete BSA guide on ApniLaw.
