Section 154 of IEA : Section 154: Question by party to his own witness.

IEA

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Explanation using Example

Example 1:

Ravi is a prosecutor in a criminal case where the accused, Suresh, is charged with theft. Ravi calls a witness, Ramesh, who initially gave a statement to the police that he saw Suresh committing the theft. However, during the trial, Ramesh starts giving contradictory statements and seems to be favoring the accused. Ravi, sensing that Ramesh is not being truthful, requests the judge to allow him to ask Ramesh questions as if he were cross-examining him, even though Ramesh is his own witness. The judge, using the discretion provided under Section 154 of the Indian Evidence Act, permits Ravi to proceed with the cross-examination. Ravi then asks Ramesh pointed questions to highlight the inconsistencies in his testimony and to bring out the truth.

Example 2:

In a civil case involving a property dispute, Priya calls her friend, Anil, as a witness to support her claim that she has been living on the disputed property for over 12 years. During the examination-in-chief, Anil starts giving vague answers and seems unsure about the facts. Priya's lawyer, noticing that Anil's testimony is not as strong as expected, requests the court to allow him to cross-examine Anil. The court grants the request under Section 154. Priya's lawyer then asks Anil leading questions and questions that challenge his memory and credibility, similar to how the opposing party would cross-examine him. This helps in clarifying Anil's testimony and strengthens Priya's case.

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