Hostile Witness in Indian Evidence Law: An In-Depth Analysis of Legal Provisions, Judicial Interpretations, and the Impact on Criminal Trials
In Indian criminal law, the term “hostile witness” refers to a person who, during the course of legal proceedings, shows an unwillingness to give truthful or favorable testimony to the party that called him. This is often when a witness contradicts his previous statements or refuses to answer pertinent questions, thereby challenging the integrity of the judicial process. ([Indian Evidence Act 1872](https://indianevidenceact1872.com/hostile-witness-under-indian-evidence-act-1872/?utm_source=chatgpt.com))
**Legal Framework Governing Hostile Witnesses**
There is no definition of the term “hostile witness” in the Indian Evidence Act of 1872. However, it does provide provisions relating to the conduct of such witnesses. Section 154 of the Act gives discretion to the court to allow a party to cross-examine his own witness if the witness is declared hostile. This provision enables the party to lead questions and confront the witness with his previous statements, thereby enabling the party to challenge the credibility of the witness. ([Essay Collection by Experts](https://www.shareyouressays.com/knowledge/legal-provisions-regarding-hostile-witness-under-indian-evidence-act-1872/119134?utm_source=chatgpt.com))
**Judicial Interpretations and Applications**
Indian courts have developed a nuanced understanding of hostile witnesses through various judgments. In the case of *Dadabuddappa Gouli vs. Kalu Kanu Gouli And Another*, the Karnataka High Court held that a witness becomes hostile if he intends to harm the interests of the case by prevaricating and/or concealing the truth. The fact alone that the testimony deposed by a witness is adverse is not sufficient to pronounce him as hostile. The court highlighted that a witness should not be termed hostile just because his evidence goes against the party that called him. ([ijalr](https://ijalr.in/hostile-witnesses-and-the-need-for-witness-protection-in-india/?utm_source=chatgpt.com))
Moreover, in *Aneek Singh vs. State of Uttar Pradesh*, the court held that there could be several reasons why a witness turns hostile, such as fear of deposing against the accused, political pressure, or monetary considerations. It shows how social complexities can be a reason for a witness to change his testimony. ([ijalr](https://ijalr.in/hostile-witnesses-and-the-need-for-witness-protection-in-india/?utm_source=chatgpt.com))
It affects criminal trials to a great extent if hostile witnesses come into the case. If the witness who was called becomes hostile, he may be used by the calling party to show contradictions between his statements and what he has testified now. This would maintain the integrity of the judicial process and ensure that justice is meted out. ([Indian Evidence Act 1872](https://indianevidenceact1872.com/hostile-witness-under-indian-evidence-act-1872/?utm_source=chatgpt.com))
However, the testimony of a hostile witness is not discarded automatically. The Supreme Court has clarified that there is no legal bar to convicting an accused based on the testimony of a hostile witness, provided that such testimony is corroborated by other reliable evidence. This underlines the importance of corroborative evidence in establishing the guilt or innocence of an accused individual. ([Supreme Court Judgments](https://www.verdictum.in/court-updates/supreme-court/hostile-witness-testimony-constitution-bench-1452865?utm_source=chatgpt.com))
**Challenges and Concerns**
A hostile witness creates the following problems within the Indian legal system. The first concern to be addressed is that of intimidating or coercing the witness to become hostile. This incident questions the efficacy of witness protection mechanisms and requires some amendment for reforms to safeguard witnesses from undue influence. ([ijalr](https://ijalr.in/hostile-witnesses-and-the-need-for-witness-protection-in-india/?utm_source=chatgpt.com))
In addition, hostile witnesses may erode the public’s trust in the judiciary. Such incidents may give an impression of inefficiency and partiality, especially if they happen frequently and not dealt with accordingly. It is, therefore, crucial for the legal system to put in place measures that will protect witnesses and the credibility of their testimonies.
**Conclusion**
The hostility of a witness in Indian evidence law is a prime aspect that represents the complexity of human nature and the ordeals involved in the pursuit of justice. Though mechanisms exist in the legal framework to deal with the hostile witness, the efforts continue in handling the provisions in operation. Strengthening witness protection programs, ensuring the impartiality of legal proceedings, and fostering public trust in the judicial system are essential steps toward achieving a fair and just legal process.
