Discuss the scope of Section 154 of the Evidence Act, 1872.

Question: Discuss the scope of Section 154 of the Evidence Act, 1872.

Find the answer to the mains question of the Law of Evidence only on Legal Bites. [Discuss the scope of Section 154 of the Evidence Act, 1872.]

Answer

Section 154 of the Indian Evidence Act, 1872 deals with the power of the court to permit a party to cross-examine their witness when the witness turns hostile or demonstrates adverse conduct. This provision is significant in ensuring that the truth is brought before the court, even when a witness deviates from their prior statement or becomes uncooperative.

In Sat Paul v. Delhi Administration (1976 AIR 294), the Supreme Court held that the discretion to permit a party to cross-examine their witness under Section 154 is absolute and should be exercised liberally when the court is satisfied that the witness is suppressing the truth or deviating from their earlier statement.

In State of Gujarat v. Anirudhsing (1997) 6 SCC 514, The court clarified that the purpose of Section 154 is to prevent a party from being bound by the testimony of a hostile witness and to allow the truth to emerge through effective cross-examination.

Section 154 empowers the court to exercise discretion and allow a party to cross-examine their witness under specific circumstances:

1. Hostile Witness

When a witness fails to support the party's case or provides evidence contrary to the party's interest, the party may seek permission from the court to declare the witness as hostile. A hostile witness is one whose testimony is adverse or contrary to the case of the party calling them.

2. Discretion of the Court

The court has wide discretion under Section 154. The decision to allow a party to treat their witness as hostile rests solely with the court. The mere fact that a witness gives unfavourable answers or contradicts previous statements does not automatically make the witness hostile. The court will examine the circumstances and the nature of the deviation before granting permission.

3. Right to Cross-Examine

Once a witness is declared hostile, the party calling the witness has the right to cross-examine the witness using leading questions, suggestive questions, or questions that challenge the credibility of the testimony.

Cross-examination may cover:

• Prior inconsistent statements
• Bias or partiality
• Contradictions in testimony
• Relationship with the adverse party

4. Use of Evidence from Hostile Witness

Even if a witness is declared hostile, the party calling them can still rely on any favourable part of the testimony.

The adverse testimony of a hostile witness does not automatically render the whole testimony inadmissible — the court may accept the part that appears credible and consistent with other evidence.

Section 154 of the Evidence Act plays a crucial role in ensuring a fair trial by allowing a party to confront their witness when the witness's testimony becomes adverse. Courts have interpreted Section 154 broadly, reaffirming that the ultimate goal is to uncover the truth rather than to penalize a party for calling a hostile witness.