QUESTIONING A HOSTILE WITNESS (SECTION 154)

by | Sep 29, 2023

DEFINING A HOSTILE WITNESS

The Indian Evidence Act does not explicitly define a Hostile Witness. A Hostile Witness is typically characterized by their conduct, demeanor, or unwillingness to disclose the truth, which indicates an unfriendly disposition toward the party calling them. It’s essential to note that a witness isn’t automatically considered hostile just because their testimony doesn’t support the calling party’s case.

DETERMINING HOSTILITY 

Hostility is inferred from a witness’s answers and their demeanor, reflecting an antagonistic or hostile mindset toward the party that called them.

CROSS-EXAMINATION OF ONE’S OWN WITNESS 

Section 154(1) of the Indian Evidence Act allows a party, with the court’s permission, to cross-examine their own witness in a manner similar to cross-examining an adverse witness. This includes-

  • asking leading questions (Section 143),
  • contradicting previous statements (Section 145), and 
  • testing the witness’s veracity (Section 146).

REASONS FOR CROSS EXAMINATION OF ONE’S OWN WITNESS 

This situation arises when a witness, expected to provide evidence supporting a particular set of facts, pretends not to remember those facts or provides testimony contrary to expectations. Such witnesses are sometimes referred to as hostile or adverse witnesses. Cross-examination becomes necessary to clarify or challenge their testimony.

EVIDENTIARY VALUE OF HOSTILE WITNESS TESTIMONY 

The evidentiary value of a Hostile Witness’s testimony is a multifaceted consideration under the Indian Evidence Act. It includes:

  • Cross-Examination :- A party has the right to cross-examine a hostile witness, which can be valuable for challenging their credibility and clarifying their testimony.
  • Credibility Assessment :- The court considers the entire testimony of a hostile witness, including the hostile portions, while assessing the witness’s credibility and the weight to be given to their statements.
  • Impeachment of Witness :- The hostile testimony can be used to undermine the witness’s credibility, indicating bias or unreliability.
  • Corroboration :- Corroborative evidence may be required to support critical aspects of a hostile witness’s testimony.
  • Limited Evidentiary Value :- Courts treat hostile testimony with caution, given the witness’s apparent bias or change in stance during the trial.
  • Case-Specific :-The value of a hostile witness’s testimony varies based on the unique circumstances of each case.

In conclusion, the evidentiary value of a Hostile Witness’s testimony in accordance with the Indian Evidence Act is not automatically discarded but is subject to careful examination by the court. The court considers factors such as credibility, corroborative evidence, and the overall context of the trial when assessing the weight to be given to such testimony. The treatment of Hostile Witnesses is case-specific, and their testimony can influence the outcome depending on the specifics of the situation.

Reference:-

1.https://indianexpress.com/article/cities/delhi/hostile-witness-not-unreliable-delhi-hc-upholds-jail-driver-pocso-case-8527441/lite/ – THE INDIAN EXPRESS 

2.https://m.timesofindia.com/city/bengaluru/accused-cannot-be-convicted-on-stray-admissions-of-hostile-witnesses-and-presumptions-karnataka-hc/amp_articleshow/99822172.cms -THE TIMES OF INDIA

 

 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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