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HOSTILE WITNESS

EVIDENCE LAW

AND THEIR
EVIDENTIARY VALUE
Hostile witness
PRESENTATION
FRAMEWORK
- Who is a hostile witness
- who can term the witness as hostile.
- Case laws on Hostile witness
- Evidentiary value of statements by hostile
witness
- Case laws on Evidentiary value.

EVIDENCE LAW 2022


In laymen's terms -

WHO IS A A hostile witness is a witness


who appears unwilling to tell the

HOSTILE
truth.

WITNESS From precedents -


A witness who appears unwilling

?
to tell the actual truth after being
sworn in to give testimony in the
court of law is termed as hostile
or adverse witness.
SECTION 154
Question by party to his own witness.

Temper, Demeanor, Attitude.

SECTION 155
Impeaching the credibility of a
witness
NATURE OF
Section 143

Section 145

QUESTIONS Section 146


IMPORTANT
CASES -

Panchanan Gogoi V. Emperor

EVIDENCE LAW 2022


Sat pal v Delhi administration

R.K.DEY V. STATE OF ORISSA


EVIDENTIARY VALUE OF STATEMENT


BY A HOSTILE WITNESS.

Defined under sub-section 2 of section


154.

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.
Criminal Law Amendment Bill 2003

substantive evidence

discretion of the court

CONCLUSION
Value of
statement

CASE LAW
Parshwanath v. state of Karnataka

So far as testimony is concerned the courts


have always held that the testimony prior to
the cross examination is not washed off and
that the court can use it as evidence it is not
Great caution,
necessary that the testimony of hostile
purpose of justice
witness should be rejected in its entirely.

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