1 Section 154
_ Section 154 can be used if the court finds that a witness has turned hostile. In such a case the court may permit the cross-examination of the witness.
_ Once Section 154 comes into play, the party calling witness can as leading questions to his own witness. (Leading questions have been referred in Section 141 of Evidence Act. They are questions suggesting answers).
A witness who is un-favourable is not necessarily hostile; a hostile witness is one who from the manner in which he gives his evidence shows that he is not desirous of telling the truth. A careful and close reading of Section 154 of the Evidence Act would indicate that firstly, it is in the discretion of the Court to permit a person who calls a witness to put any question which might be put in cross examination by the adverse party; and secondly, before such questions in cross examination are put by the party calling the witness, permission of the Court must be obtained. The Section does not use the word 'Cross examination' but says that the “Court may permit to put any questions to him which might be put in cross examination", the reasons apparently being that cross examination being examination by the adverse party, the use of any such terms would have been contradictory. The Section does not also use the expression "hostile witness". It is true that there is nothing in Section 154 as to declaring a witness hostile, but it provides that the Court may in its discretion permit a person who calls a witness to put any question to him which might be put in cross examination. It is, however abundantly plain that unless during the course of the examination of witness, the witness demonstrates hostility to the person who called him as a witness and the Court is satisfied that the witness is hostile to the person who called him as a witness, it will not grant permission to the party who has called the witness to cross examine him. No hard and fast rule can be laid down as to when a witness can be called an adverse or hostile witness. The section, it must be noted, does not require a particular form of application to seek permission of the Court to cross examine one's own witness. What all it says is that granting of permission is in the discretion of the Court. Such permission is normally granted during the course of the examination on formal request made by the party who has called that witness or on his behalf by the advocate.