Section 172 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 172 of the Bharatiya Sakshya Adhiniyam, 2023 in English:
📜 Section 172: Question by Party to His Own Witness
Text of Section 172:
The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party.
🧠 Understanding Section 172
Section 172 empowers the court to allow a party to question its own witness in a manner similar to cross-examination. Typically, cross-examination is the right of the opposing party to challenge the credibility and reliability of a witness. However, under this section, the court has the discretion to permit the party who called the witness to ask questions that would ordinarily be reserved for cross-examination.
This provision ensures that a party can address any inconsistencies or contradictions in the testimony of its own witness, thereby maintaining the integrity of the proceedings.
⚖️ Legal Context and Application
This section is particularly relevant in situations where a witness, although initially supportive, provides testimony that is unfavorable or inconsistent with the party's case. By permitting the party to question its own witness in a manner akin to cross-examination, the court allows the party to clarify or challenge the witness's statements, thereby upholding the fairness of the trial.
📌 Practical Example
In a trial involving a property dispute, the plaintiff may call a surveyor as a witness to testify about the boundaries of the property. During the examination-in-chief, the witness provides testimony that contradicts the plaintiff's version of the property boundaries. Under Section 172, the court may permit the plaintiff's counsel to cross-examine the witness to address these discrepancies, even though the witness was originally called by the plaintiff.
📌 Significance of Section 172
Ensures Fairness: It allows a party to address unfavorable testimony from its own witness, ensuring that the truth is fully explored.
Maintains Integrity: By permitting such questioning, the court upholds the integrity of the judicial process, ensuring that all relevant facts are brought to light.
Enhances Flexibility: The discretionary power granted to the court provides flexibility to handle various situations that may arise during proceedings.
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