Section 154 IEA: Question by party to his own witness
Indian Evidence Act, 1872
Section 154 IEA at a Glance
Section 154 IEA deals with question by party to his own witness. From 1 July 2024 it is replaced by Section 157 BSA.
Section 154 IEA Bare Act Text
154. Question by party to his own witness
(1) The Court may, in its discretion, permit the person who calls a witness to put any questions 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 154, Indian Evidence Act, 1872
Section 154 IEA in Simple Words
Section 154 of the Indian Evidence Act, 1872 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 questions from cross-examination (questioning by the opposing side). These are questions that the adverse party (the opposing side in the case) could ask the witness.
A party who calls a witness cannot put such questions 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 154 IEA Applies
- A person calls a witness to give evidence in court.
- The court uses its discretion to permit the caller to put cross-examination questions to that witness.
- The caller permitted under sub-section (1) seeks to rely on parts of the testimony of that witness.
Example of Section 154 IEA
When Section 154 IEA 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 154 IEA in the BSA
Section 154 IEA is now covered under Section 157 BSA.
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.
View detailed comparison (IEA 154 vs BSA 157) →FAQs on Section 154 IEA
What is Section 154 IEA?▼
Section 154 of the Indian Evidence Act, 1872 allows a court, in its discretion, to let a party put cross-examination questions 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 cross-examination questions to a witness called by that party without permission under Section 154 IEA?▼
No. Under sub-section (1) of Section 154 IEA, the caller can put such questions only if the court permits it in its discretion.
Does questioning a witness under sub-section (1) of Section 154 IEA stop the caller from using the testimony of that witness?▼
No. Under sub-section (2) of Section 154 IEA, 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 154 IEA in BSA?▼
Section 157 BSA replaced Section 154 IEA on 1 July 2024 with no substantive change. The word questions in sub-section (1) was changed to question.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·