Section 157 Bharatiya Sakshya Adhiniyam, 2023: Question by party to his own witness

Section 157 of Bharatiya Sakshya Adhiniyam, 2023: Question by party to his own witness

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 157

Section 157 empowers the Court to permit the person who calls a witness to put any questions to them which might be put in cross-examination by the adverse party, codifying the modern law on hostile witnesses.

Cross-Examining Own Witness: The court may in its discretion permit a party to cross-examine their own witness when the witness resiles from their previous statement.
Elimination of Old 'Hostile' Rigidity: The law no longer requires a witness to be declared wholly hostile or branded a liar before this section can be invoked.
Substantive Evidentiary Value: The evidence of a witness cross-examined under Section 157 is NOT effaced from the record; portions supporting either the prosecution or defense can be relied upon.

Key Landmark Precedents:

Sat Paul v. Delhi Administration (1976) 1 SCC 727: The Supreme Court held that the testimony of a hostile witness cross-examined under Section 154 IEA (Section 157 BSA) does not stand completely washed off; courts can accept parts corroborating reliable evidence.
Neeraj Dutta v. State (Govt. of NCT of Delhi) (2023) 4 SCC 731: A Constitution Bench affirmed that even if a complainant turns hostile, their deposition can be utilized along with circumstantial evidence to prove demand and acceptance of a bribe.

Courtroom Practice & Strategic Litigation Guidance:

If your witness unexpectedly changes their story, do not panic. Immediately move an oral application: 'I pray for leave under Section 157 BSA to cross-examine this witness.' Once granted, confront them with their signed statements and previous admissions.