THE LAW OF EVIDENCE:

Interim Project On:

“Police witness - appreciation of his evidence – rulings of

the SC – a critical examination”

SUBMITTED BY:-

SHANIKA S GOEL (16010324266)

B.B.A. LLB CLASS: - D

SYMBIOSIS LAW SCHOOL, HYDERABAD

SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE

IN

JANUARY 2020

UNDER THE GUIDANCE OF

Dr. Sarfaraz Ahmed Khan & Mrs. K. Shanthi

Introduction:
The witness is also an important organ of the court and the part and parcel of the court's daily
functioning. It is significant in both the civil and criminal proceeding and the indispensable part
of a court. Neither the Indian Evidence Act nor any other others substantial and procedural laws
have defined the word 'witness'. But of course, there is definition of the word 'evidence' in the
India Evidence Act 1872 and before knowing the definition and meaning of the word 'witness' I
humbly think that it is necessary to discuss and know firstly the definition and meaning of the
word 'evidence' as because the meaning and the use of the word 'witness' itself has been
included, incorporated and based on the word 'evidence' as per the rules of court procedures in
India. Thus, the Sec. 3 of the India Evidence Act 1872 defines the word 'evidence' as 'evidence'
means and includes—
(1) all statements which the Court permits or requires to be made before it by witnesses, in
relation to matters of fact under inquiry; such statements are called oral evidence;
(2) all documents produced for the inspection of the Court; such documents are called
documentary evidence.
Hence as per the provision of the Indian Evidence Act 1872 there are two types of evidences viz.
(i) Oral evidence; and (ii) Documentary evidence;

The word witness means and includes various meanings by its nomenclature and may be used for
different purposes at a same time. The Black's Legal dictionary defines the word 'witness' in
various senses as- the person who sees a document signed, the person called to court to testify
and give evidence.
Furthermore, the Black's Legal dictionary defines the word 'witness' in 'noun' as in the primary
sense of the word, a witness is a person who has knowledge of an event. As the most direct mode
of acquiring knowledge of an event is by seeing it, "witness" has acquired the sense of a person
who is present at and observes a transaction.1 A witness is a person whose declaration under oath
(or affirmation) is received as evidence for any purpose, whether such declaration be made on
oral examination or by deposition or affidavit.2

1 State v. Desforges, 47 La. Ann. 1167, 17 South. 811; Bliss v. Shuman, 47 Me. 248.
2 Code Civ. Proc. Cal. {1878; Gen. St. Minn. 1878, c. 73.
The ' Concise Law Dictionary' defines the word 'witness' as one who gives evidence in a cause;
an indifferent person to each party, sworn to speak the truth, the whole truth, and nothing but the
truth.3
Furthermore in the case of Swaran Singh v. State of Punjab4, the Hon'ble Supreme Court
emphasized the importance of the witness in the criminal trail and proceeding and expressed that
'a criminal case is built on the edifice of evidence, evidence that is admissible in law. For that,
witnesses are required whether it is direct evidence or the circumstantial evidence”.

The Term police witness has not been defined under the Code or in the Evidence act. A police
officer is one who5:
(i) Is considered to be a police officer in a "common parlance" keeping into
focus the consequence provided under the Act.
(ii) Is capable of exercising influence or authority over a person from whom a
confession is obtained.
In this research paper I would be discussing whether police can be treated as a witness or not and
whether his evidence will be admissible in the court of law with the help of relevant case laws. I
would also be covering up topics like stock witness, trap/decoy or Spy witness and whether such
persons are considered as witnesses or not.

Research Methodology & Sources of Data:

The researcher has based her research on doctrinal sources of information comprising of books,
journals, annual reports as well as Internet. Analytical method will be used to identify what law
currently is and to evaluate its efficiency. The researcher has also partaken in research of primary
sources of data in the form of case analysis. The topic being contemporary as well comprehended
through the Faculty in-charge has been extensively researched upon so as to accomplish the goal
of completion of the current project report.
Research Question:
1. Whether police are a suitable witness under the Evidence act? Is the evidence given by a
police officer a substantive piece of evidence?
2. Whether a stock witness is admissible to give evidence in the court of law?

3 P. Ramanatha Iyer, “Concise Law Dictionary”, Wadhwa & Company, Nagpur, (8th edn., 2004), p.896.
4 2000 Cri. L.J p. 2780.
5 Tofan Singh V. State of Tamil Nadu 2013(4) JCC (Narcotics) 146; 2013(4) RCR (Cri) 631 (SC).
 3. Whether trap/decoy or Spy witness are considered as witness under the Evidene act? Is
the evidence given by such witness admissible in the court of law?
Literature review:
1. The law of Evidence with latest case laws and legislative Amendments: Shakil Ahmad
Khan, 26th Edition, Lexis Nexis;
S. 125 - No Magistrate or Police – officer shall be compelled to say whence he got any information as
to the commission of any offence, and no Revenue – officer shall be compelled to say whence he got
any information as to the commission of any offence against the public revenue.

2. Witnesses in a criminal trial: Their role and efficacy; Ph.D Thesis.pdf, shodhganga
“There is no principle of law that a statement made in the court by police personnel has to be
disbelieved. It may not be believed. It is not that all policemen will tell lies. There are good and bad
people in all walks of life. There are good and bad policemen as well. Court cannot assume that every
statement of a policeman is necessarily false”

3. The law of evidence: Batuk Lal, Central law Agency

Section 125 lays down that a police officer cannot be compelled to say as to who gave him the
information that the offence was being committed. This section is enacted to safeguard the interest of
such informers.

4. Law of Evidence, 19th Edition: Woodroffe and Amir Ali: Volume 4, Lexis Nexis.
Section 118 lays down the general rule as to the competency of witnesses. It suggests, what numerous
judges have observed, that in India the rule generally is in favor of the admission of evidence, thought
the weight to be attached to it will, of course, be a matter for the court’s consideration.
CASE LAWS:
 Suresh Kumar V. State of Himachal Pradesh6
 Pritam Singh V. State of Punjab7
 Gora Singh V. State of Punjab8
 Vinod Kumar V. State of Punjab9
 Sumit Tomar V. State of Punjab
 Rohtash Kumar V.State of Haryana
 Banshilal V. State of Rajasthan

6 2014 (8) RCR (Cri) 223.

7 2013 (2) Cri C.C 734: 2013 (2) RCR (Cri) 801 (P&H).
8 2015 (1) RCR (Cri) 603 (P&H) (DB).
9 2015 (1) RCR (Cri) 647 (SC) and Section 7 and Section 13 (2) of Prevention of Corruption Act.
  C. Ronald V. State, UT of Andaman and Nicobar Island10
 Kashmiri Lal v. State of Haryana;11
 Bhimsha Subanna Pawar V State of Maharashtra12
 Girija Prasad Vs. State of M.P.13
WEBSITES:
 www.indiakanoon.org
 www.manupatra.com
BOOKS:
 BATUK LAL, THE LAW OF EVIDENCE, REVISED BY DR. SURENDRA SAHAI
SRIVASTAVA, 22nd EDITION REPRINTED (2015), CENTRAL LAW AGENCY,
ALLAHABAD
 FIELD, COMMENTARY ON LAW OF EVIDENCE, 12th EDITION (2001), DELHI LAW
HOUSE, DELHI
 LAW OF EVIDENCE, 19TH EDITION: WOODROFFE AND AMIR ALI: B M PRASAD AND
MANISH MOHAN; VOLUME 4, LEXIS NEXIS
 PRASAD, B M, AND MOHAN, MANISH, RATANLAL AND DHIRAJLAL, THE LAW OF
EVIDENCE, 25th EDITION (2013), LEXIS NEXIS BUTTERWORTH WADHWA, NAGPUR

Chapterization:
This research paper has been divided into various chapters as stated under:
Chapter 1: Meaning of Witness and Evidence
This chapter will be defining and stating the meaning of witness. It would state who is and is not
a witness under the Evidence act. The word witness means and includes various meanings by its
nomenclature and may be used for different purposes at a same time. The Black's Legal
dictionary defines witness as the person who sees a document signed, the person called to court
to testify and give evidence. This chapter will also be dealing with the meaning of evidence as
per Sec. 3 of the India Evidence Act 1872.

Chapter 2: Trap or Decoy or Spy Witness

10 2011 (4) RCR (Cri) 30 (SC).

11 2013 Cri.LJ 3036
12 1996 AIHC 1 (Bombay)
13 (2007) 7 SCC P.625
This chapter will be dealing with the provisions of spy witness and the admissibility of the evidence
provided by them. According to the Oxford Dictionary ‘A person or think used to mislead or lure come
one into a trap is a trap witness. This chapter also deals with the credibility of evidence of trap witness.

Chapter 3: Stock Witness

Police, the premier investigative agency, are alleged to keep with them and maintain some person to be
used as witnesses whenever necessary. Such persons are called stock witnesses. This chapter will state the
admissibility and credibility of such stock witness with the help of case laws.

Chapter 4: Police Witness

This chapter will be the main focus of this research paper. It would state who a police witness is and also
talk about the credibility of evidence of police witness. Various case laws have been analyzed to come to
a better understanding of this topic and to state the provisions of the law. The sub – topics covered under
this chapter are:
 Admissibility and credibility of police witness
 Competency of police witness
 Testimony of police witness

Chapter 5: Conclusion
The last chapter will talk about the conclusion as well as the suggestions derived from the
research. It would talk about the current law and future prevailing amendments that can be made.
The conclusion part of the research paper will answer all the research questions and would state
the interpretation of the law with regard to police as a witness.