HOSTILE WITNESS

WHO IS A WITNESS?

• A WITNESS IS A PERSON WHO HAS PERSONALLY SEEN AN EVENT HAPPEN.

THE EVENT COULD BE A CRIME OR AN ACCIDENT OR ANYTHING.
• SECTIONS 118 – 134 OF THE INDIAN EVIDENCE ACT, 1872 TALKS ABOUT WHO
CAN TESTIFY AS A WITNESS, HOW CAN ONE TESTIFY, WHAT STATEMENTS
WILL BE CONSIDERED AS TESTIMONY, AND SO ON.
HOSTILE WITNESS

• SECTION 154 OF THE INDIAN EVIDENCE ACT TALKS ABOUT THE HOSTILE
WITNESS. THIS SECTION ENABLES THE COURT TO PERMIT THE PARTY TO
CROSS-EXAMINE HIS OWN WITNESS, WHO HAS BECOME HOSTILE.
• A HOSTILE WITNESS IS A WITNESS WHO FROM THE MANNER IN WHICH HE
GIVES HIS EVIDENCE SHOWS THAT HE IS NOT DESIROUS OF TELLING TRUTH
TO THE COURT.
• A WITNESS WHO STATES THE TRUTH CANNOT BE DUBBED AS “HOSTILE” JUST
BECAUSE HIS STATEMENT DOESN’T SUIT THE PARTY PRODUCING HIM.
• A WITNESS WHO IS GAINED OVER BY THE OPPOSITE PARTY IS A HOSTILE
WITNESS.
ELEMENTS RESPONSIBLE FOR TURNING A
WITNESS ‘HOSTILE’

• DISINCLINATION TO GET INVOLVED WITH COURT PROCEEDINGS.

• FEAR OF CRIMINALS OR GOONDAS. A WITNESS TURNING HOSTILE IS EITHER
DUE TO ALLUREMENTS OR THREATS TO WITNESSES. COMMONLY THREATS
PLAY A PART IN FORCING A WITNESS TO RETRACT FROM HIS STATEMENTS.
THIS ALSO REFLECTS OUR CRIMINAL JUSTICE SYSTEM AND HOW IT TREATS
VICTIMS AND WITNESSES.
• SYMPATHETIC ATTITUDE TOWARD ACCUSED.
• LACK OF CIVILIZED SENSE IN THE PUBLIC.
• HIGH RATE OF BRIBE AND CORRUPTION TO HAS BEEN OBSERVED THAT
WHILE OFFENDERS HAVE RANGE OF RIGHTS. THE VICTIMS AND MORE
PARTICULARLY WITNESS HAVE A LIMITED RANGE PRIVILEGES AND
PROTECTION ACCORDED TO THEM THROUGH THE JUDICIAL OR DISCRETIONS
OF THE JUDGES.
• OBSERVATIONS OF THE DELHI HIGH COURT THAT WITNESSES IN A LARGE
NUMBER OF CASES WERE TURNING HOSTILE DUE TO INTIMIDATION AND
THREATS.
CASE LAWS

• JESSICA LAL CASE

• BEST BAKERY CASE
• BMW HIT AND RUN CASE
CONCLUSION

DELAYED TRIALS ALONG WITH PROLONGED INVESTIGATIONS ARE THE

MAIN REASONS FOR THE ACCUSED TO MAKE A WITNESS HOSTILE. SO IN THE
CASES IN WHICH THERE IS A POSSIBILITY THAT THE WITNESS CAN TURN
HOSTILE, SPEEDY TRIAL SHOULD BE PRACTICED. THERE IS A NEED FOR
STRINGENT LAWS AS, THE LENIENCY OF THE JUDICIAL SYSTEM HELP THE
WITNESSES TO EASILY TURN HOSTILE. THE CRIMINALITY OF “BUYING”
WITNESSES BY RICH AND POWERFUL CAN BE HANDLED ONLY BY THE
PRESENCE OF STRICT LAWS.