Hostile Witness and Cross-Examination of Your Own Witness Under the BSA (Section 157) (2026)
What a hostile witness is, how a party can cross-examine its own witness with the court’s permission, what Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 says, and how it maps to Section 154 of the old Evidence Act. Last verified October 2026.
Explainer · BSA · Evidence Law
A hostile witness is a witness who turns against the side that called them. Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lets the court permit that party to cross-examine its own witness, including by leading questions. It replaced Section 154 of the Indian Evidence Act, 1872 from 1 July 2024. It is a rule of evidence, not an offence, so it carries no punishment. Last verified October 2026.
- What it is: Section 157 of the BSA, 2023, the power to cross-examine your own witness with the court’s leave.
- Old law: it replaced Section 154 of the Indian Evidence Act, 1872 ("Question by party to his own witness").
- Key point: a witness turning hostile does not wipe out the evidence; the court keeps the reliable parts.
- No punishment: this is an evidence rule, not an offence, so it carries no punishment.
- Search and track: Claw finds Section 157 judgments and tracks live cases across 9,102 forums.
01What a hostile witness is
You call a witness because you expect them to support your case. Sometimes the witness does the opposite: they go back on an earlier statement, help the other side, or refuse to tell the truth. That witness is said to have turned hostile.
Normally a party cannot cross-examine or ask leading questions of its own witness. Section 157 of the BSA is the exception. It lets the court, in its discretion, allow the party who called the witness to put the kind of questions that would be allowed in cross-examination.
The phrase hostile witness is not actually used in the section. In practice, the court declares the witness hostile and grants permission, and the party can then test the witness with pointed and leading questions. This is one of the most used tools in a criminal trial, where witnesses often turn under pressure.
02How Section 157 works
A few practical points sit inside this short section.
- Court’s permission is needed. The party cannot cross-examine its own witness as of right. The court must allow it, in its discretion.
- Leading questions become possible. Once permission is given, the party can ask leading and searching questions, as in cross-examination.
- The evidence is not wiped out. A witness turning hostile does not erase their testimony. The court can still rely on the parts that are found to be true and are supported by other evidence.
A witness turning hostile does not end the matter. The court can still accept the part of the evidence that is reliable and supported by the rest of the record.
This last point is important. Courts do not treat the whole testimony of a hostile witness as worthless. They sift it, and corroborated parts can still count.
03Section 157 and old Section 154: the mapping
Section 157 of the BSA corresponds to Section 154 of the Indian Evidence Act, 1872, which was titled "Question by party to his own witness".
| Old law (Indian Evidence Act, 1872) | New law (BSA, 2023) | Subject |
|---|---|---|
| Section 154 | Section 157 | Question by a party to his own witness (hostile witness) |
If you are searching for "section 154 evidence act in bsa", the answer is Section 157. The rule and the court’s discretion are carried forward, with a new number.
04Is there a punishment? Is it cognizable or bailable?
Section 157 does not create an offence, so it has no punishment. The words cognizable, bailable, and triable by do not apply to it. It is a rule about how a witness may be examined.
If a witness lies on oath, that can be dealt with as a separate offence of giving false evidence, which is charged under its own section in the Bharatiya Nyaya Sanhita, 2023. Section 157 itself only controls the manner of questioning your own witness.
For the related offence, see giving false evidence under the BNS.
05What changed from the old law
For anyone trained on Section 154, the change is a renumbering.
- Same rule, new number. The power to cross-examine your own witness, with the court’s leave, continues under Section 157.
- Discretion stays with the court. As before, permission is not automatic; the judge decides.
- Settled case law still applies. The judgments on how to treat the evidence of a hostile witness continue to guide the courts.
For the bigger picture, see our overview of the new criminal laws of 2024 and the key changes from the Evidence Act to the BSA. For a related topic, see the rule on the number of witnesses needed to prove a fact.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Hostile witness questions under Section 157 come up in a very large number of criminal trials, and the courts keep refining how much of a hostile witness’s evidence can be relied on. This is where Claw helps. You can search 30 crore+ judgments across the Supreme Court and 25 High Courts to see how courts have read Section 157 and the old Section 154, and you can track live cases and orders across 9,102 courts, benches and forums, all by section, party or advocate name, with results in under 5 seconds.
Create a FREE Claw account to search and track cases under this section by party or advocate name. There is a free plan for individual advocates, with paid plans for teams. To go deeper, see the guide to case search across Indian courts.
07Sources and further reading
- India Code (official text of the Bharatiya Sakshya Adhiniyam, 2023): indiacode.nic.in
- Ministry of Home Affairs (the new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being interpreted by the courts, so check the current text of the BSA and take advice from counsel before you rely on a provision.
08Frequently asked questions
What is a hostile witness under the BSA?
A hostile witness is a witness who turns against the party that called them, for example by going back on an earlier statement. Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 lets the court permit that party to cross-examine its own witness, including by leading questions.
Which section of the Evidence Act is Section 157 of the BSA?
Section 157 of the BSA corresponds to Section 154 of the Indian Evidence Act, 1872, which was titled "Question by party to his own witness". The rule and the court’s discretion are carried forward with a new number.
Can a party cross-examine its own witness?
Not as of right. Under Section 157 the court, in its discretion, may permit the party who called a witness to put questions that could be put in cross-examination, including leading questions. Permission is needed first.
Is the evidence of a hostile witness useless?
No. A witness turning hostile does not erase their testimony. The court can still accept the parts that are found to be true and are supported by other evidence, and reject the rest.
What is the punishment under Section 157 of the BSA?
There is none. Section 157 is a rule of evidence, not an offence, so it carries no punishment. If a witness lies on oath, that is a separate offence of giving false evidence under the Bharatiya Nyaya Sanhita, 2023.
How can I find judgments on hostile witnesses?
Claw lets you search 30 crore+ judgments across the Supreme Court and 25 High Courts by section, party or advocate, and track live cases across 9,102 forums, with results in under 5 seconds. You can create a free account to search and track cases under this section.