Answer By law4u team
Bhartiya 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.
Brefe Detail
Section 157 of the Bhartiya Sakshya Adhiniyam, 2023 allows a party to ask questions to their own witness that could otherwise be posed by the opposing party during cross-examination. This provision ensures that the party is not barred from using the witness's testimony in its entirety, even when such questions are permitted.
Question & Answers
What does Section 157 allow?
Section 157 allows a party to ask questions to their own witness that could be posed in cross-examination by the opposing party.
Can a party rely on the evidence of their own witness after asking questions permitted under Section 157?
Yes, the party can still rely on any part of the evidence provided by the witness, even after asking questions under this section.
Is the court's permission required for a party to question their own witness?
Yes, the court has the discretion to permit such questions.
Example
If a lawyer calls a witness to testify about an event and wishes to ask about the witness's credibility or previous statements, they may do so if the court allows it. For instance, if the witness previously made a statement that could be questioned during cross-examination, the lawyer may address that directly.
Summary
Section 157 of the Bhartiya Sakshya Adhiniyam, 2023 provides guidelines for parties to question their own witnesses in a manner similar to cross-examination. It emphasizes the court's discretion in allowing such questions while ensuring that the party can fully utilize the witness's testimony.
