Under the Indian Evidence Act, 1872, a hostile witness refers to a witness who, during the course of their examination, exhibits an unwillingness to provide truthful or favorable testimony to the party who called them. When a witness turns hostile, it means they contradict their earlier statements or refuse to answer questions that are relevant to the case.
Definition and Recognition
The term “hostile witness” is not explicitly defined in the Indian Evidence Act. However, it is a recognized concept in Indian legal practice. A witness is considered hostile when they adopt an antagonistic or uncooperative attitude towards the party who called them.
Consequences of a Hostile Witness
When a witness is deemed hostile, the party who called them, usually the party that initially intended to present them as a favorable witness, is allowed to cross-examine their own witness as if they were adverse. This means that leading questions, which suggest the desired answer, can be asked during the cross-examination.
Impeachment of Hostile Witness
The party who called the witness has the opportunity to impeach their credibility and challenge the witness’s testimony during the cross-examination. They can confront the witness with their previous statements, inconsistencies, or any other evidence that contradicts their current testimony.
Effect on Admissibility of Evidence
When a witness turns hostile, their testimony may lose its evidentiary value. However, the court may still consider any portion of the witness’s earlier statement that is consistent with the current testimony, if it is found to be reliable and relevant.
Role of the Court
The court plays a crucial role in dealing with a hostile witness. The judge has the authority to intervene and direct the questioning, ensuring that the cross-examination remains relevant, fair, and focused on eliciting the truth. The judge may also impose penalties or take measures to ensure compliance from the witness.
Importance of Hostile Witness
While a hostile witness may present challenges, their testimony can still be significant for the party who called them. It provides an opportunity to expose contradictions, highlight biases, or present evidence that may support the party’s case.
