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hostile witness

English · Evidence

Meaning. A witness who departs from his earlier statement or turns against the party that called him.

The term is not used in the Bharatiya Sakshya Adhiniyam. What the law provides is s.157 BSA (old s.154 Evidence Act): the court may, in its discretion, permit the party calling a witness to put to him any questions that could be put in cross-examination. This permission is what is meant when a witness is “declared hostile”. The party may then confront him with his earlier statement and impeach his credit under s.158 BSA (old s.155).

The common mistake is to think the evidence of a hostile witness is wiped out. It is not. The court may rely on the part of the testimony that is creditworthy and consistent with other evidence; in Khujji (1991) the Supreme Court held that evidence of a witness treated as hostile need not be rejected in its entirety.

Example

Though the eyewitness turned hostile on the identity of the assailant, the court relied on his admission that the deceased was stabbed at the bus stand.

In Indian law

See also

cross-examination · witness · interested witness · falsus in uno falsus in omnibus

Read more in the study notes

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