Section 157 BSA 2023: Question by Party to His Own Witness

Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 empowers the Court, in its discretion, to permit the party who called a witness to ask that witness questions which could ordinarily be asked in cross-examination by the adverse party. The section also makes clear that obtaining such permission does not prevent the calling party from relying on any part of the witness's evidence.

Section 157: Text and legal effect

In simple terms, a party normally examines its own witness through examination-in-chief. If the witness becomes adverse, resiles from an earlier version, gives unexpected evidence, or otherwise requires testing by leading or cross-examination-type questions, the party may seek the Court's permission under Section 157.

Meaning of "question by party to his own witness"

The expression refers to questioning by the person who called the witness. Section 157 creates an exception to the normal sequence of witness examination by allowing the calling party, with judicial permission, to put questions of the kind normally available to the opposite side in cross-examination.

The power is not automatic. The statutory words "may, in its discretion, permit" show that the Court controls whether such questioning should be allowed. The Court may consider the witness's conduct, answers, departure from an earlier statement, apparent hostility, or other circumstances arising during examination.

Court's discretion under Section 157

Permission under Section 157 is a judicial permission. A party should therefore place before the Court the circumstances showing why cross-examination-type questions are necessary. Once permission is granted, questions may be put to test the witness's version, credibility, consistency, memory, or previous statements, subject to the other provisions governing lawful cross-examination.

The provision does not state that the witness must first be formally labelled "hostile." Its focus is on the Court's permission to the calling party to use questions which the adverse party could have asked in cross-examination.

Can the calling party still rely on the witness's evidence?

Yes. Section 157(2) expressly preserves that right. Permission to cross-examine one's own witness does not automatically erase or reject the witness's entire testimony. The calling party may still rely on any part of the evidence that is otherwise admissible and worthy of acceptance.

This is important because a witness may give evidence that is partly supportive and partly adverse. The Court must assess the testimony in the context of the entire evidentiary record rather than treating the whole deposition as unusable merely because permission under Section 157 was granted.

Hostile or adverse witness: practical effect

In practice, Section 157 is the statutory provision used when a party needs to confront or test its own witness by cross-examination-type questions. The purpose is to enable proper testing of testimony while leaving the final assessment of credibility and evidentiary weight to the Court.

Lawyers and litigants should distinguish between the permission to ask such questions and the later evaluation of the witness's evidence. The grant of permission concerns the mode of examination; the evidentiary value of the answers remains a matter for judicial assessment with the rest of the evidence.

Related provisions of the Bharatiya Sakshya Adhiniyam, 2023

Section 157 appears among provisions regulating questioning and the credibility of witnesses. The immediately related provisions include Section 156 on contradiction of answers to questions testing veracity and Section 158 on impeaching the credit of a witness.

For the surrounding provisions, see Section 156 - Exclusion of evidence to contradict answers to questions testing veracity, Section 158 - Impeaching credit of witness, Section 159 - Questions tending to corroborate evidence of relevant fact, and Section 160 - Former statements of witness may be proved to corroborate later testimony.

Key points

• Section 157 belongs to the Bharatiya Sakshya Adhiniyam, 2023.
• The Court has discretion to permit a party to put cross-examination-type questions to its own witness.
• The permission is not automatic and remains under judicial control.
• The witness's entire evidence does not become unusable merely because such permission is granted.
• The calling party may rely on any part of the witness's evidence that the Court finds acceptable.

Official legal sources

The authoritative text of the Bharatiya Sakshya Adhiniyam, 2023 can be checked on India Code. The Ministry of Home Affairs also provides the official New Criminal Laws resource page.