PLAGIARISM SCAN REPORT

Words Date January 22, 2022

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Credibility of a Related Witness, Interested Witness and a Hostile Witness

KEY TAKEAWAYS
• Under section 118-134 of The Indian Evidence Act,1872 defines who can testify as a witness, how they can testify,
what remarks would be deemed testimony and so on.
• A credible witness is capable of giving testimony and worthy of belief.
• a set of criteria for determining a witness's credibility was developed in the case of Gangadhar Behera and others vs.
State of Orissa.
• Every related witness is not an interested witness.
INTRODUCTION
Witnesses are critical to the administration of justice which is based on the principles of truth and impartiality. Because
the testimony is given under oath, its conclusiveness and veracity are in the witness's favor. As a result, from the start
of a criminal trial, witnesses play a critical role in the administration of justice. A witness is someone who has directly
witnessed an occurrence. It might be a robbery, an accident or anything else. The Indian Evidence Act of 1872 under
sections 118–134 addresses who can testify as a witness, how they can testify, what remarks would be deemed
testimony and so on. A witness who must testify in front of the Court must at the very least be able to comprehend the
questions asked to him and respond to them rationally. The capacity of a witness is discussed under sections 118, 121
and 133 of the Act. A credible witness is capable of giving testimony and worthy of belief. However, in the case of
Gangadhar Behera and others vs. State of Orissa, a set of criteria for determining a witness's credibility was developed,
which is as follows:
i. Witnesses' access to correct information.
ii. Witnesses' motive behind hiding the truth, if any.
iii. Whether witnesses agree in their testimony.
CREDIBILITY OF AN INTERESTED WITNESS
An interested witness is someone who has a direct interest in the outcome of the case and expects to benefit from it.
• In Takdir Samsuddin Sheikh V. State of Gujrat: The phrase 'interested' implies that the witness has a direct interest in
seeing the accused condemned for some other reason. It is well known that the testimony of interested witnesses is
very untrustworthy and that some of it cannot be trusted without more proof. A natural witness is frequently a close
relative. He is not regarded an interested witness because he has no personal interest or financial advantage in doing
so.
• In State of Haryana V. Shakuntala: The Hon'ble Court defined a "interested" witness as someone who has a direct or
indirect interest in the accused who has been convicted due to animus or any other oblique reason. It is an undisputed
truth that an interested witness' evidence is untrustworthy and requires verification before it can be accepted.
Furthermore, it is widely established that interested witnesses want the accused to be convicted, therefore judicial care
is required when considering such testimony as stated in State of Haryana vs. Shakuntala. It is a well-established
principle that an interested witness' testimony cannot be dismissed on the basis that it is political evidence. The courts
on the other hand, must exercise caution when analysing evidence that needs substantial confirmation. The
acceptance of evidence is based on two factors: first, the court's scrutiny and second, prudence while assessing such
evidences as suggested in Mano Dutt and Anr vs. State of Uttar Pradesh and State of Haryana v. Shakuntala. It is a
well-established principle that an interested witness' testimony cannot be dismissed on the basis that it is political

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evidence.
The witness's interest does not necessitate an outright rejection of the evidence; rather, it necessitates a closer
examination. Furthermore, the Supreme Court answered the question of the reliability and credibility of an interested
witness' testimony in Joginder Singh vs. State holding that mere relationship cannot be used to discredit an interested
witness' statements if they are supported by sufficient evidence as was reiterated in State of Bihar vs. Shaukat Mian as
follows: Its credibility cannot be questioned just because he was a witness with a vested interest. The evidence of an
interested witness must be carefully scrutinised. Furthermore, an interested witness, who is a relative of the victim is
someone who is concerned about the victim's justice.

Sources Similarity

CREDIBILITY OF RELATED AND INTERESTED WITNESSES

3%
https://lawbhoomi.com/credibility-of-related-and-interested-witnesses/

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