Section 154 of the Indian Evidence Act and the Hostile Witnesses
Section 154 of the Indian Evidence Act, 1872
Title: "Hostile witness — when to be treated as hostile"
Text:
When a witness gives evidence that is contrary to the expectations of the party who calls him, and is adverse to the party’s case, the party who called the witness may apply to the court that the witness be declared hostile. The court may, if satisfied, allow the party to cross-examine the witness as if he were called by the opposite party.
What is a Hostile Witness?
A hostile witness is a witness who, though called by one party, turns out to be adverse or uncooperative to that party’s case.
In other words, the witness may give testimony that contradicts or undermines the party’s arguments or evidence.
Sometimes, a witness deliberately tries to harm the calling party’s case by giving false, evasive, or unfavorable evidence.
Purpose of Section 154
The main purpose is to empower the party who calls a witness to cross-examine their own witness if the witness turns hostile.
Normally, a party cannot cross-examine its own witness; cross-examination is usually done by the opposing party.
But when a witness becomes hostile, the calling party is permitted to question the witness rigorously, just like the opposing party would, to challenge or discredit their testimony.
Procedure Under Section 154
Application to Court: The party who called the witness asks the court to declare the witness hostile.
Court’s Satisfaction: The court examines the evidence and decides if the witness is indeed hostile.
Permission to Cross-examine: If the court agrees, the party can cross-examine the witness.
Importance in Trial
It helps to expose any false or evasive evidence from a witness who is adverse.
It prevents a witness from misleading the court with false testimony by allowing the party calling the witness to challenge them.
It maintains the fairness of the trial.
Example
Suppose the prosecution calls a witness who, unexpectedly, denies seeing the accused at the crime scene. The prosecution may apply to the court to treat this witness as hostile and cross-examine them to expose contradictions or falsehood.
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