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BSA 2023 § 157 — Question by party to his own witness

§ SECTION 157 · BSA 2023 · CHAPTER X — OF EXAMINATION OF WITNESSES

Question by party to his own witness

When your own witness turns. The court may permit the party who called a witness to cross-examine him — to put the questions the adverse party could — when the witness proves hostile. And even then, the party may still rely on any helpful part of that witness’s evidence.

How to read Section 157

If your own witness turns against you, the court may let you cross-examine him — and you can still rely on whatever part of his evidence helps you.

The permission

The court may, in its discretion, permit the party who calls a witness to put questions of the kind allowed in cross-examination.

What it allows

The full armoury of cross — leading questions, questions to shake credit, confronting with prior statements — against his own witness.

Still usable

The party is not disentitled to rely on any part of that witness’s evidence.

The bare Act

The section in its own words — the discretion, and a saving.

Section 157 · verbatim

Permission to cross-examine. (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.

Evidence still usable. (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.

In short: ordinarily a party may not attack or lead his own witness — that is the province of the adverse party in cross-examination. But a witness sometimes turns: he gives evidence against the party who called him, resiles from his earlier account, or plainly holds back the truth — he is hostile. Sub-section (1) gives the court a discretion to meet this: it may permit the calling party to put to his own witness any question that could be put in cross-examination by the other side — leading questions, questions to shake his credit, and confrontation with his previous statements. This is what it means to have a witness ‘declared hostile’. Sub-section (2) then makes an important point that settles old doubts: being permitted to cross-examine one’s own witness does not throw away his testimony. The party is not disentitled to rely on any part of that evidence — the court may still act on whatever portions it finds truthful. A hostile witness’s evidence is not automatically worthless; it is weighed like any other, part by part.

→ This carries forward IEA 1872 § 154 — the court may allow a party to cross-examine his own (hostile) witness.

Glossary

the person who calls a witness

The party who produced and examined-in-chief the witness.

questions… in cross-examination

Leading and credit-shaking questions — otherwise barred to the calling party.

in its discretion

The court decides whether to permit it — the ‘hostile witness’ declaration.

hostile witness

One who, against the calling party’s expectation, gives adverse or untruthful evidence.

not disentitled to rely on any part

Sub-§ (2): the party may still use the favourable parts of the evidence.

evidence of such witness

The whole testimony — parts of which may still be relied on.

The picture

The calling party may cross-examine a witness who turns — and still keep whatever part of the evidence helps.

your own witnessturns HOSTILEgives adverse evidencecourt MAY permit YOUto cross-examine himleading · credit · prior statements& you may still relyon any PART of hisevidence‘declaring a witness hostile’ — permitted by the court’s discretiona hostile witness’s evidence is not wiped out — the truthful parts still countthe whole testimony is weighed part by part, not accepted or rejected en bloc

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

hostile witnessThe court may let you cross-examine the witness you called

In one lineThe court may, in its discretion, permit the party who called a witness to put to him any question the adverse party could put in cross-examination.
your witness resiles /gives adverse evidence— he is hostilecourt PERMITS you tocross-examine himlead · shake credit · prior statementsonly by the court’s leave — you cannot cross your own witness at will
(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.leave to cross-examine your own witness…the court may unlock the cross-examiner’s questions — including leading ones — for the calling party.
ExampleThe prosecution’s own witness, expected to identify the accused, instead denies everything. On the prosecutor’s application, the court may declare him hostile and allow the prosecutor to cross-examine him — putting leading questions and his earlier statement to him.
✗ Not thisThis is not automatic. A party cannot lead or attack his own witness merely because the answers disappoint — it needs the court’s permission under this section.

still countsA hostile witness’s evidence is not thrown away

In one lineBeing permitted to cross-examine his own witness does not disentitle the party to rely on any part of that witness’s evidence.
the hostile witness’s whole testimonynot accepted or rejected en bloc — weighed part by parttruthful, helpful parts→ the party may still RELY on themdiscredited parts→ the court may put asidedeclaring a witness hostile does not erase what he said
(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.→ the favourable parts remain availablethe party keeps the right to rely on any part of the evidence — the whole is not forfeited.
ExampleA hostile witness denies the central fact but, in the same breath, confirms a helpful detail (a time, a place). The party may still rely on that detail — the court weighs the credible parts and discards the rest.
✗ Not thisA hostile witness’s evidence is not automatically worthless. Sub-§ (2) settles that: the party is not disentitled to use its truthful portions.

Connected provisions

§ 156 · back

Answers on credit are final

The finality rule on collateral credit — § 157 lets a party turn cross-examination on his own witness.

§ 146 · leading

Leading questions

Leading is normally barred in chief — permission under § 157 unlocks it for a hostile witness.

§ 158 · next

Impeaching credit of witness

Three ways to impeach credit — unworthy-of-credit testimony, proof of bribery, or former inconsistent statements.

lineage

IEA 1872, § 154

Carried forward — the court may allow a party to cross-examine his own (hostile) witness.