Q: Describe section 154 of Indian Evidence Act, 1872 ?

Ans: According to section 154 of Indian evidence act, 1872,

1. The court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross examination by the adverse property.

The Hostile witness is also called an Unfavorable witness or Unfriendly Witness or an Adverse Witness. 

These terms are not used in Indian law and are only mentioned in English law.

The universal rule is that the party who called its witness will examine the witness, and the opposite party will cross examine the witness.  
But in the case of a hostile witness or adverse witness, which is defined in English law, the party will not examine the witness, and just like the opposite party,  the party will cross examine its witness by getting permission, which is at the discretion of the court.

 2. Nothing in this section shall entitle the person so permitted under sub section 1, to rely on any part of the evidence of such witness.

It is mentioned in sub-section 2 that the party can rely on some statements of his hostile witness, whatever he gave in sub-section 1 during cross examination, because if the witness is a hostile witness, it doesn't mean that the party can't rely on the statement of his witness because he is giving a statement in favour of the opposite party.

 The party can be any, i.e.,  prosecutor or defence counsel.

 It is so because the hostile witness can also give some statement which is material or important for the party.

The cross examination is performed so that the party can prove the hostile witness telling a lie  or can contradict him under section 145, section 146 and section 155 of Indian evidence act,  1872.

 Suppose any witness becomes hostile to the party, the party will cross examine him so that it would not become favorable to another party.

 It is not mandatory that the hostile witness can be proved liar only on his statement but he can be proved liar also under Sections 145, 146 and 155.

 Section 155 of Indian evidence act deals with impeaching credit of Witness.

It is so because the prosecutor has to show in court that the witness is not trustworthy in other statements, and thus he is also not trustworthy in his statement given under Sections 164 and 161 of the Criminal Procedure Code for which he has appeared in court for testimony.

Sections 161 of Indian evidence act deals with right of adverse party as to writing used to refresh memory.

Section 164 of Indian evidence act deals with using, as evidence, of document production of which was refused on notice


Comments

Post a Comment

Popular posts from this blog

Consumer Protection Amendment Bill of 2018 ?

Ans:  The pecuniary jurisdiction of the Commissions– this Bill proposes to change the pecuniary jurisdiction of the commissions to Rs 1 crore for District Forum; between Rs 1 crore and 10 crores for State Commission; and above Rs 10 crores for National Commission. Penalties– the Bill proposes a change in the penalty i.e. imprisonment up to three years or fine not less than Rs 25,000 which can be extended to Rs one lakh or both.
Read more

Q: Explain the writ of Prohibition and Writ of Certiorari ?

Ans: There is a very little difference between writ of Prohibition and  writ of certiorari. We all have heard the statement ' Prevention is better than cure'.Here Prevention is Prohibition and Cure is Certiorari. Certiorari means to be certified. Using this Writ, the High Court and Supreme Court can order the lower Court to submit their records for review. In review, it was seen if the judgements of lower Court are legal or not. Sections 96 to 112 and Orders 41 to 45 of the Civil Procedure Code, 1908 contain provisions relating to appeals. Review is mentioned in section 114 and order 47 of civil procedure code, 1908.  Revision is mentioned in section 115 of civil Procedure Code, 1908. High Courts can still review their own judgment even if the SLP is rejected by the Supreme Court. Supreme Court has also clarified that it will not make any difference whether the review petition was filed before the filing of a special leave petition or was filed after the ...
Read more

Q: What are the rights of an advocate ?

Ans: In India, the law that governs advocates is the Advocates Act, 1961. An advocate has the ‘right to practice’ guaranteed by Article 19(1)(g) of the Indian Constitution and Section 30 of the Advocates Act . Pre-audience in general terms means the right to be heard before others. In India, Right to Pre-audience is provided under Section 23 of the Advocates Act, 1961. Section 11 provides that “No Police Officer shall arrest an Advocate and/or investigate a case  against an Advocate without the specific order of the Chief Judicial Magistrate in conformity with Advocate Protection Bill, 2021.  An advocate also has many other rights such as the right to pre-audience, fee, meet client in jail, enter any court, not get arrested etc. Advocates have several duties towards both their clients and the Court. Towards the clients, the advocates have a lot of duties including accepting briefs, making honest disclosures, giving best legal advice, maintaining confidentiality, giving update...
Read more