Appreciation Of Hostile Witness

Alok Singh, LL.B,, LL.M., Ph.D. Scholar at National Law Institute University, Bhopal

ABSTRACT

Hostile witness is a witness who refuses to testify in favour of the party calling him. Section 154 of the Indian Evidence Act 1872 (IEA) deals with the same. Testimony of a Hostile witness has to be appreciated very cautiously and the mere fact that any witness has turned hostile does not make him totally unreliable and totally rejecting his testimony. The court has to be like a guard while dealing with such testimony. Section 136 of the IEA 1872 deals with Judge’s discretion as to admissibility of evidence. Further Section 165 relates to inquisitorial role of a judge in order to ascertain the truth. The primary issue with witnesses turning hostile is that our Judicial system acts solely on Evidences, and testimony of the witnesses constitute a major part of evidences. A party backs his case primarily on such testimony and when their witnesses start turning hostile then it is near to impossible for a party to prove its case, and it at times lead to failure of justice as happened in the case of Jessica Lal murder case and Best bakery case.

Mighty accused use all their money and muscle power to ensure that witnesses and evidence do not come before the court. In the absence of adequate protection and the troublesome and hostile Criminal justice administration system, the witnesses opt against testifying in the court. Therefore, our judicial system must address the basic issues involved regarding witnesses turning hostile so that proper administration of justice is ensured.

Keywords: Hostile Witness, Appreciation of Hostile witnesses, Marshalling of Hostile Witnesses.