What is a hostile witness under Section 154 of the Evidence Act?

A hostile witness is one called by a party but who turns adverse. The court may allow that party to ask cross-examination style questions.

Can the prosecutor cross-examine their own witness at any stage?

Permission rests with the court. The request should be timely; delay until after cross-examination may be refused.

Does declaring a witness hostile erase all of their testimony?

No. The court weighs each part. Reliable portions can be accepted; doubtful parts can be rejected.

What guidance did the Supreme Court give on timing?

Normally, seek leave at the end of chief-examination if answers turn adverse. Post cross-examination requests may be declined.

Who decides on Section 154 permission?

The trial court. It uses discretion, keeping fairness and truth-finding in mind.

State of Bihar v. Laloo Prasad (2002)

Quick Summary

This case explains how a hostile witness is handled under Section 154 of the Indian Evidence Act. The key point: permission to let a prosecutor cross-examine their own witness is the court’s discretion. Timing matters.

Here, the prosecutor asked to treat the witness as hostile after cross-examination by the defence. The trial court refused; the High Court agreed. The Supreme Court clarified the law and disposed of the appeal with guidance on proper practice.

Issues

Can the prosecutor get permission to cross-examine their own witness at any stage of trial?

Rules

Section 154, Indian Evidence Act, 1872 The court may, in its discretion, allow the party who calls a witness to put questions that can be asked in cross-examination by the adverse party.

Discretion is judicial, not automatic.
Request should be timely—usually when adversity appears in chief-examination.

Facts (Timeline)

Timeline of events in State of Bihar v. Laloo Prasad (2002)

Prosecutor’s Concern

A prosecution witness gave answers favouring the defence during cross-examination.

Trial Court Refusal

The trial judge refused the prosecutor’s late request to treat the witness as hostile under Section 154 IEA.

High Court

The High Court declined to interfere with the trial judge’s exercise of discretion.

Supreme Court

On special leave, the Supreme Court gave guidance: permission is for the court to decide; late requests can be refused.

Arguments

Appellant (CBI/Prosecution)

Witness turned adverse; leave under Section 154 should be granted.
Court practice usually permits such leave when needed to reach the truth.
Key contradictions emerged regarding consideration and the 1993 document.

Respondent

Request was delayed until after defence cross-examination.
Discretion belongs to the trial court; no ground to interfere.
Prosecutor can later argue which parts of testimony to rely on.

Judgment

The Supreme Court disposed of the appeal with observations. It emphasised that leave under Section 154 IEA is the court’s prerogative. While courts often allow such requests, a late application—after full cross-examination—may be refused. The prosecutor can still ask the court at the end of trial to rely only on trustworthy parts of the testimony.

Ratio Decidendi

Section 154 IEA is discretionary and time-sensitive. The trial court decides when to allow a party to cross-examine its own witness. Delay can justify refusal.