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IEA, 1872
Start Practicing
IEAChapter XSection 154
Section154

Question by party to his own witness

AI Assist

Summary

When a party calls a witness, the court may allow that party to put to the witness the same kind of questions that the opposing side could ask in cross-examination. The permission is discretionary with the court. Allowing those questions does not stop the calling party from relying on any part of the witness's evidence.

Example

Priya calls Rohan as a witness in a neighbour dispute over shop deliveries. The magistrate permits Priya to ask Rohan questions similar to what the defence could have asked in cross-examination. After that questioning, Priya still relies on parts of Rohan's testimony at trial.

Bare Act

Enacted text

(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 dis entitle the person so permitted under subsection (1) to rely on any part of the evidence of such witness.

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X

Chapter X

Of the Examination of Witnesses

In this chapter

  • 135Order of production and examination of witnesses
  • 136Judge to decide as to admissibility of evidence
  • 137Examination-in-chief
  • 138Order of examinations
  • 139Cross-examination of person called to produce a document
  • 140Witnesses to character
  • 141Leading questions
  • 142When they must not be asked
  • 143When they may be asked
  • 144Evidence as to matters in writing
  • 145Cross-examination as to previous statements in writing
  • 146Questions lawful in cross-examination
  • 147When witness to be compelled to answer
  • 148Court to decide when question shall be asked and when witness compelled to answer
  • 149Question not to be asked without reasonable grounds
  • 150Procedure of Court in case of question being asked without reasonable grounds
  • 151Indecent and scandalous questions
  • 152Questions intended to insult or annoy
  • 153Exclusion of evidence to contradict answers to questions testing veracity
  • 154Question by party to his own witness
  • 155Impeaching credit of witness
  • 156Question tending to corroborate evidence of relevant fact, admissible
  • 157Former statements of witness may be proved to corroborate later testimony as to same fact
  • 158What matters may be proved in connection with proved statement relevant under section 32 or 33
  • 159Refreshing memory
  • 160Testimony to facts stated in document mentioned in section 159
  • 161Right of adverse party as to writing used to refresh memory
  • 162Production of documents
  • 163Giving, as evidence, of document called for and produced on notice
  • 164Using, as evidence, of document production of which was refused on notice
  • 165Judge’s power to put questions or order production
  • 166Power of jury or assessors to put questions
Previous · Section 153Exclusion of evidence to contradict answers to questions testing veracityNext · Section 155Impeaching credit of witness