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Scope of Section 154, Evidence Act

By Shri B. C. Banerjee

Published In

Cr LJ 1969

Section 154, Evidence Act, gives discretion to the Court to allow the party 'who calls a witness to put any questions to him which might be put in cross-examination by the adverse party', and principles of governing the grant of permission to cross-examine one's own witness under S. 154, Evidence Act, have been well stated in a case recently reported in 1969 Cri L J 118 : AIR 1969 Mys 12. A witness is always assumed to be biassed in favour of the party calling him. So the rule is that leading questions should not be put to a party's own witness unless specially permitted by the Court. Normally such permission is sought and granted during the examination in chief of a witness if found adverse to the party calling him. But such permission may also be granted even after the cross-examination of the witness by the opposite party. The judicial pronouncement is that such permission should be granted freely because it is harder to justify the refusal than the grant of the p ....

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