Bharatiya Sakshya Adhiniyam, 2023
Section 157
Question by party to his own witness
(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.
Why this exists
This provision addresses the problem of 'hostile witnesses' — people who, once in court, contradict statements they gave earlier or refuse to cooperate with the side that called them. Without this power, a lawyer could not challenge their own witness even if that witness suddenly turned unhelpful or evasive. The rule (carried forward from Section 154 of the old Indian Evidence Act, 1872) gives judges flexibility to permit sharper questioning so that truth is not defeated by a witness switching sides or memory conveniently failing.
How courts read it
Under the predecessor provision (Section 154 of the Evidence Act, 1872), courts clarified that declaring a witness 'hostile' does not automatically make their entire testimony worthless — judges and juries may still accept parts of it that are credible and corroborated, while rejecting the parts that were retracted or contradicted. Courts have treated the discretion to allow such questioning as wide, to be used whenever a witness's demeanor or answers suggest they are unwilling to speak truthfully for the party that called them.
Common misconceptions
- Myth: Once a witness is declared hostile, their entire testimony must be thrown out.
Fact: Courts have held that even a hostile witness's testimony can be partly relied upon if that part is credible and supported by other evidence. - Myth: Any party can cross-examine their own witness whenever they want.
Fact: This is not automatic — it requires the court's discretion and permission, usually granted when the witness turns adverse or evasive.