“Witnesses are the eye and ears of justice” – Jeremy Bentham
INTRODUCTION
Our criminal justice system follows the adversarial justice system. from the starting to end justice depends upon the corporation of witnesses. The criminal case is build on the basis of evidence and to prove the such evidence witness plays a vital role. Suppose the witnesses fail or are prevented from giving evidence it will create hindrance in a fair trial.
What is a Hostile Witness?
A witness who is biased against the examining party, who is unwilling to testify, or who is identified with an adverse party, in the other word, witnesses make a certain statement before the police about the commission of crime but refused while the trial is called hostile witness.
It is not defined or mentioned in the Indian Evidence Act.
In the case of ” Rabindra Kumar dey vs state of Orissa (1976) 4 SCC 233″
” Court held that A witness is not necessarily hostile if his testimony goes against the prosecution and favours the accused”
Cause of Hostile Witness
1. Other Parties are threatening him
2. He fears his life in danger if he gives a statement against the accused.
3. S. 154 of IEA enables the court to permit the party to cross examine his own witness, who has become hostile.
4. Generally, parties can cross-examine the opposite party witness, It is an exception to this rule.
5. A party can cross examine its own witness, however it depends upon the discretion of the court
What kind of Question should the party ask a hostile witness in the cross examination?
1. Leading Question under S.143 of IEA
2. Previous statement related question section 145 of IEA
3. Question asked to test his veracity, his status, character under section 146 of IEA.