PRESENTATION

TOPIC
HOSTILE WITNESS

BY
MAHESHBABU M G
VI SEM 3 YEAR LLB
 INTRODUCTION

• Witnesses and their role – crucial for trials.

• Favourable witness favourable testimony works for strengthening the case of
that party
• Witness expected to be in favour of the party by whom he is called.
• Chapter X of IEA – provisions relating to examination of witnesses
• In some circumstances the witness called by a party may turn hostile or
unwilling to speak the truth. He is called hostile or adverse or unfavourable
witness
 EXAMINATION OF WITNESS- THREE STAGES

• Section 137 three stages

1.Examination-in Chief: this is by the party who calls him [137(1)]
2. Cross Examination: by the adverse party [137(2)]
3. Re examination: again by the party who called him [137(3)]

Section 138: Order of examination

Note: The witness can give evidence of facts only no evidence of law.
 SECTION 154 – HOSTILE WITNESS
(Question by party to his own witness)

Section 154 of IEA States that:

(1) The Court may, in its discretion, permit the person who calls a witness to put
any questions to him which might be put in cross-examination by the adverse
party.
(2) Nothing in this section shall disentitle the person so permitted under sub-
section (1), to rely on any part of the evidence of such witness.
 WHO IS A HOSTILE WITNESS

1. He is not desirous of telling the truth

2. Means unfriendly
3. Not necessarily hostile, just because his statement does not suit the party.
4. A witness who is gained over by the opposite party is a HW.
5. Not on the basis of the Report of public prosecutor
6. The inference of hostility should be on the basis of answers and temper,
attitude and tendency of the answers
 Witness does not answer some questions favourably

• Normally, he may not answer some questions fully what he saw or heard (Not a
complete version) or
• he may give only half hearted version either during Cross Examination or EIC or
• His statements could be self contradictory
This does not make him ipso facto a HW
He is declared hostile only if he suppresses the truth and causes harm to the
party’s disadvantage (Luchiram Motilal Boid v Radhacharan Poddar aIR 1922 Cal
276)
 CROSS EXAMINATION OF ONE’S OWN WITNESS

The purpose is to know the strengths and weaknesses of the witness to depose.
And also throw reflections of the attitude of the opposite party.
Hostility may be by threat or intimidation of the opposite party.
(CISF and others v Abbas Ali 2016(12) SCALE 853)
 KINDS OF HOSTILE WITNESSES

(Debiprasad Padhi v State 1982 CrLJ 2214 (Orissa))

1. Major
2. Sound Mind
3. Attained the age of maturity to testify
4. Children and minors – but they are not subject to testimony under oath.
5. Persons with disabilities – in a manner in which they communicate.
6. A person of unsound mind – may testify when he is declared sound
 PROBATIVE VALUE OF TESTIMONY OF HOSTILE WITNESS

Declaration of witness as hostile does not ipso facto reject the evidence
A portion of evidence – if it is advantageous to both the parties and helps the
courts in arriving a judgement may be upheld and admissible. But extreme
caution should be there.
In Anbazhagan v Superintendent of Police, the Court held that “..the judge may
accept that part of the testimony which he finds creditworthy and act upon it”
 PROBATIVE VALUE
The legal term probative value refers to any evidence that serves the purpose of
proving something during a trial. Probative value considers the evidence’s
usefulness in proving, or disproving, a particular fact in the case, with the court
determining the actual value of such evidence according to its relevance to the
case at hand. This becomes important in a trial where certain specific evidence
may have the effect of unfairly prejudicing the jury. To explore this concept,
consider the following probative value definition.
Definition of Probative: Serving to test, try, or prove something.
In any trial, whether civil or criminal, there is a possibility that either party could
try to introduce evidence to the jury that has little or no relevance to the case, but
which is likely to cause the jury to have a negative opinion about the defendant or
other party. For this reason, there are strict rules of evidence in the legal system,
which give the trial court judge the power to ensure the trial is fair.
 Contd…
In Siddharth Vasisht @ Mami Sharma v State (2010) it was held that
"If a witness becomes hostile to subvert the judicial process, the Courts shall not
stand as a mute spectator and every effort should be made to bring home the
truth. Criminal judicial system cannot be overturned by those gullible witnesses
who act under pressure, inducement or intimidation. Further, section 193 of the
IPC imposes punishment for giving false evidence but is seldom invoked.”
In other case of Raja v. State of Karnataka, the Hon’ble Supreme Court has held as
under:-
"That the evidence of a hostile witness in all eventualities ought not stand effaced
altogether and that the same can be accepted to the extent found dependable on
a careful scrutiny
 Contd…
Permission under section 154 of the Evidence Act is discretionary and power to
authorize cross examination after declaring a witness hostile is unqualified* and
unfettered**. The power is exercised to extract the truth.(Administrator,
Municipal Board, Gangapur City v. Om Prakash, 1982 Cr LJ 1399 (Raj).)
Section 155 lists various methods by which a witness may be discredited by the
adverse party as of right (for example, witnesses to credit, proof of a bribe, or
proof of a prior inconsistent statement).

*Unqualified: Without any conditions

**Unfettered: unrestrained, uninhibited
 CRIMINAL CONSEQUENCES

The consequential result of a false testimony of a hostile witness is endangering

himself to perjury whereby punishment may be invoked against him. The Penal
code comes into play where a witness furnishes false evidence.
Furnishing of adverse evidence, when true, does not invoke criminal
consequences.
If one furnishes wrong evidence then he is liable under the penal code for the
same. This is covered by Chapter XI of the Indian Penal Code, 1860:
Section 191 of IPC “Whoever, being legally bound by an oath or by an express
provision of law to state the truth, or being bound by law to make a declaration
upon any subject, makes any statement which is false, and which he either knows
or believes to be false or does not believe to be true, is said to give false evidence.
 Rights, Problems and Victimization of Hostile Witnesses

The compellability of the witness to answer does not encroach upon the
fundamental rights of the witnesses when asked to depose on oath.
Section 147 of IEA: The provisions of evidence law empower the court to compel a
witness to answer in case it is imperative to do so in matters in question before
the court.
Section 179 of IPC - A refusal to answer to a public servant authorized to ask
questions in a case makes a person punishable under the law.
Section 132 of IEA: He however cannot be compelled to answer where it subjects
him to be arrested or prosecuted in a criminal proceeding.
The reasons for a witness turning hostile:
1. Investigating officer forcing them to make such statements and, therefore,
they resiled there from while deposing in the Court.
2. It may be fear of deposing against the accused/delinquent or political pressure
or pressure of other family members or other such sociological factors. It is
also possible that witnesses are corrupted with monetary considerations.”
3. Threats or intimidation, Inducement by various means, use of muscle and
money power, protracted trials, hassles faced by witnesses during
investigation and trial, lack of legislation for witness protection.
 CONCLUSION
A glance at the testimonial witness law makes it apparent that witness law
guided by the legal principles calls for activism on the legislature and the judiciary
to provide for adequate measures to protect witnesses from turning hostile.
INGREDIENTS:
1. Section 154 allows a party, with the permission of the Court to cross-examine his own
witness in the same way as the adverse party.
2. Court permission is compulsory. Court must satisfy that there is some hostility in the
witness.
3. The party calling a witness may put leading questions and cross-examine him.
4. Where the prosecution witness deposes a new version in cross-examination contradicting
his own statement recorded under Sec. 161 and 164 Cr.P.C. the fresh statement was
hostile to the prosecution.
Value of the evidence of a hostile witness: The declaration of a witness as hostile cannot
affect the washing away his entire evidence. If Court satisfies with the portion of the hostile
evidence, it may accept such portion and may act upon.
THANK YOU