Should Indian Courts Penalise Hostile Witnesses In Criminal Cases: The Dilemma Of Punitive Reform
- IJLLR Journal
- Nov 10
- 2 min read
Arpita Sondhi, B.B.A. LL.B. (Hons.), Jindal Global Law School (O. P. Jindal Global University)
Introduction
The film ‘Jolly LL. B’ has been cemented as one of the best courtroom dramas of Indian cinema for its gripping portrayal of legal processes in India, successfully keeping its viewers at the edge of their seats throughout its runtime. Filled with the perfect balance of seriousness and jokes, a pivotal moment in the film is a dramatic moment when Albert Pinto, a key witness bought in by Jolly (the protagonist) unexpectedly delivers a statement that completely contradicts his earlier statements made to Jolly, creating a major setback for the protagonist. As both the audience and Jolly alike stand shocked, it becomes evident on a closer examination that this is a textbook case of a ‘Hostile Witness.’
Witnesses play a decisive role in the justice process, and their credibility is central to the administration of justice. A hostile witness is a witness, who has been called in by a party to depose in its favour, but instead delivers a statement that goes against the party calling him. This phenomenon underscores significant challenges in judicial proceedings regarding the evidentiary value of such testimonies and integrity of evidence. Furthermore, questions are also raised regarding cultural, social, and systematic factors in the Indian legal system and their magnified role in causing hostility. The aim of this article is twofold. Firstly, it aims to examine the legal framework governing hostile witnesses in India. Secondly, it examines the reason witnesses turn hostile in the first place and whether they should be punished for retracting their testimony. It essentially argues for gradually introducing a set of punitive measures such as monetary fines to deter hostility. This research essay shall draw upon relevant statues, judicial precedent, and scholarly analysis to anchor its arguments.
