![]() ![]() In simple words, this section allows a party calling witnesses, may put leading questions or cross-examine them, with the permission of the court, if such witness is found to be hostile or unwilling to answer the questions put to him. Section 154(2) provides that the provisions of this section do not disentitle the party to rely upon any evidence of such witness. Section 154(1) states that it is the court’s discretion to permit such person to put up any questions which might be put by the adverse party during cross examination. The party has the power to cross examine such witness whom he has called. Section 154 of the Act provides the party to question his own witness. Section 154 in The Indian Evidence Act, 1872 Unfavorable witness is the one called by the party to prove a particular fact or issue a relevance to the issue who acts to prove such fact or proves the opposite test. The common law has laid down particularities of a hostile witness like “the existence of a ‘hostile animus’ to the party calling such a witness” or “not desirous of telling the truth at the instance of the party calling him.” Ī hostile witness is the one who is undesirous of telling the truth at that instance of the party calling him. The term seems to have its foundation in Common Law. ![]() The term ‘hostile witness’ has no implicit or explicit definition in any Indian statutes. It can no longer constitute as a fair trial as it will be incapacitated. ![]() The importance and primacy of the quality of trial proceedings is obstructed if the witness retract himself from acting as eyes and ears of justice. But what happens when these witnesses turn hostile. According to Bentham, “witnesses are the eyes and ears of justice”. They assist the courts in determining the truth. A witness’s role is paramount in the fundamental justice system of a country. ![]()
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