Question by party to his own witness
Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 deals with question by party to his own witness. 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. The Act came into force on 01 Jul 2024.
(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.
(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.
Section 157, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 154 Question by party to his own witness Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vinod Kumar v. State of Punjab
Decided under Indian Evidence Act 154, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgement of Main Case order-6.pdf 2015-01-21 DATE VERIFIED (not same-date ROP order-7; not the earlier 2014-09-23 labelled Judgment order-3). Crl A 554/2012. IEA 137/138: examination-in-chief and cross should be on the same day; long deferral lets the witness be gained over. Hostile evidence is not washed off — usable parts survive (s.154). CrPC 309 adjournments are not a right. Map iea 137/138/154 and crpc 309 (BNSS 346 successor, mapping.csv close).
On this section: Successor of IEA 154 (mapping.csv near-identical, score 0.9812). Hostile-witness teaching carries to BSA 157.
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Madhubala Shrivastava vs Anjani Kumar Shrivastava
Decided under Indian Evidence Act 154, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A co-defendant who has independently filed a written statement in a civil suit cannot be cross-examined as a witness by another defendant, even if that co-defendant's written statement supports the plaintiff's claim. Section 154 of the Indian Evidence Act, which permits cross-examination of witnesses, applies only to witnesses called by a party, not to co-defendants with independent written statements. A co-defendant cannot be declared hostile merely because their written statement supports the opposing party's position.
On this section: Provides discretionary power to court to permit cross-examination of a witness called by the party; court interpreted this as applicable only to witnesses, not co-defendants with independent written statements
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 157
What have the courts held on Section 157 of the Bharatiya Sakshya Adhiniyam?
Vinod Kumar v. State of Punjab (21 Jan 2015) is the leading judgment on this section among those set out below, though it was decided under IEA 154, which this section replaced -- the court never mentioned this Act: Successor of IEA 154 (mapping.csv near-identical, score 0.9812). Hostile-witness teaching carries to BSA 157. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court.
How do I find court cases under Section 157 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 157, section 157 BSA, section 157 of the Bharatiya Sakshya Adhiniyam. People searching for it also type 157 bsa act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vinod Kumar v. State of Punjab (21 Jan 2015).
What should I read with Section 157 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 154 (Question by party to his own witness), so the judgments decided under that provision are the case law on this one.
When did Section 157 of the Bharatiya Sakshya Adhiniyam come into force?
Section 157 of the Bharatiya Sakshya Adhiniyam, cited as BSA 157, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.