Section 157 BSA: Question by party to his own witness

Bharatiya Sakshya Adhiniyam, 2023

Section 157 BSA at a Glance

Section 157 BSA deals with question by party to his own witness. It replaced Section 154 IEA on 1 July 2024.

Was IEA

Section 154 →

Section 157 BSA Bare Act Text

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.

Source: Section 157, Bharatiya Sakshya Adhiniyam, 2023

Section 157 BSA in Simple Words

Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court allow a party to question a witness called by that party like the opposing side does. Under sub-section (1), the caller may ask to put a question from cross-examination (questioning by the opposing side). That is any question that the adverse party (the opposing side in the case) could ask the witness.

A party who calls a witness cannot put such a question without permission. The court decides in its discretion (the judgment and choice of the court) whether to allow the questioning.

Under sub-section (2), getting permission under sub-section (1) does not disentitle (take away the right of) the caller from using the testimony. The caller can still rely on any portion of what that witness states in evidence.

When Section 157 BSA Applies

  • A person calls a witness to give evidence in court.
  • The court uses its discretion to permit the caller to put a cross-examination question to that witness.
  • The caller permitted under sub-section (1) seeks to rely on parts of the testimony of that witness.

Example of Section 157 BSA

In August 2024, Priya sues Vikram in a court in Jaipur over a damaged boundary wall and calls Meera as a witness to prove how the wall fell. On the witness stand, Meera gives answers that go against the claim about the boundary wall. Under Section 157 BSA, the court exercises its discretion and permits Priya to put a question to Meera that the adverse party could ask in cross-examination. Under sub-section (2) of Section 157 BSA, Priya can still rely on the parts of the testimony of Meera that support the claim about the damaged boundary wall.

When Section 157 BSA Does Not Apply

  • Permission under sub-section (1) does not take away the right of the caller to rely on any portion of what that witness states in evidence.

Section 157 BSA in the IEA (Previous Law)

Section 157 BSA replaces Section 154 IEA from the old criminal code.

Section 154 of the Indian Evidence Act, 1872 became Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. A one-word drafting edit.

FAQs on Section 157 BSA

What is Section 157 BSA?▼

Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 allows a court, in its discretion, to let a party put a cross-examination question to a witness called by that party. Under sub-section (2), getting that permission does not stop the caller from relying on any portion of the testimony of that witness.

Can a party put a cross-examination question to a witness called by that party without permission under Section 157 BSA?▼

No. Under sub-section (1) of Section 157 BSA, the caller can put such a question only if the court permits it in its discretion.

Does questioning a witness under sub-section (1) of Section 157 BSA stop the caller from using the testimony of that witness?▼

No. Under sub-section (2) of Section 157 BSA, a person permitted to question a witness under sub-section (1) is still entitled to rely on any portion of the evidence given by that witness.

What is Section 157 BSA in IEA?▼

Section 154 IEA became Section 157 BSA on 1 July 2024 with no substantive change. The word questions in sub-section (1) was changed to question.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·