Hostile Witness – A Detailed Study

Introduction

In the Indian judicial system, the role of a witness under the Indian Evidence Act, 1872 is extremely important. When a witness retracts their previous statement or starts giving statements against the prosecution, they are termed a "hostile witness." This concept can have serious implications on judicial proceedings and affect the outcome of a trial.

In this article, we will comprehensively understand the definition, legal basis, judicial perspective, causes, impact, and preventive measures related to hostile witnesses.

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1. Definition of Hostile Witness

The term "Hostile Witness" is not explicitly defined in the Indian Evidence Act, 1872, but it is a judicially developed concept.

Definition Provided by Courts:

• "A hostile witness is one who deliberately gives statements against the prosecution or retracts their previous statements."
• The Supreme Court of India has stated that if a witness alters their statement in a way that weakens the prosecution’s case, they can be declared a hostile witness.

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2. Legal Position of Hostile Witness in Indian Law

(A) Provisions Under the Indian Evidence Act, 1872

1. Section 154 – Cross-Examination of Hostile Witness

   • If a witness retracts their previous statement, the court may permit the prosecution to cross-examine them.
   • The prosecution can cross-examine that witness as if they were a defense witness.

2. Section 145 – Contradiction of Previous Statements

   • If a witness gives a statement different from their previous one, they can be confronted with their earlier statement.

(B) Provisions Under the Code of Criminal Procedure, 1973 (CrPC)

• Section 311 – Power to Summon Witness in the Interest of Justice
  • If the court believes that a witness’s testimony is crucial, it can summon them, even if they become hostile.

(C) Provisions Under the Indian Penal Code (IPC), 1860

• Section 191 – Perjury (False Testimony)
  • If a witness gives a false statement, they can be punished with up to 7 years of imprisonment and a fine.
• Section 193 – Punishment for False Testimony
  • If a witness provides false testimony, they can be punished with up to 3 years of imprisonment and a fine.

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3. Causes of Becoming a Hostile Witness

In judicial proceedings, witnesses often retract their statements. Several factors contribute to this:

(A) Pressure and Fear:

• Threats from criminals
• Political influence
• Fear of police harassment

(B) Bribery & Influence:

• Monetary or other incentives
• Pressure from influential individuals

(C) Forced Statements by Police:

• Sometimes, police forcibly record a statement from a witness, leading to contradictions in court.

(D) Lengthy Judicial Process & Lack of Witness Protection:

• The slow judicial process in India forces witnesses to appear in court multiple times, causing frustration and retractions.
• The absence of proper witness protection measures makes them fearful of testifying truthfully.

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4. Impact of Hostile Witness

(A) Harm to the Prosecution

• The prosecution faces difficulty in convicting the guilty.

(B) Delay in Justice & Wrong Verdicts

• Due to hostile witnesses, criminals may go free, and innocent people may be wrongfully convicted.

(C) Loss of Public Trust in the Judicial System

• When witnesses change their statements in court, public confidence in the judiciary is weakened.

(D) Encouragement of Corruption

• Accused and influential people start bribing or coercing witnesses, promoting corruption.

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5. Measures to Prevent Hostile Witnesses

(A) Witness Protection Scheme, 2018

• This scheme provides protection, rehabilitation, and anonymity to witnesses.

(B) Judicial Reforms

• Speedy trials
• Use of modern technology to record evidence

(C) Strict Punishment

• Taking strict legal action against witnesses giving false statements.

(D) Anonymous Witness Testimony

• Like in the U.S. and Europe, India should implement a system to keep witness identities confidential.

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6. Important Judicial Decisions (Case Laws)

(A) Satya Narayan v. State (AIR 2008 SC 1177)

• The Supreme Court ruled that if a witness provides false testimony, the court may declare them hostile and allow the prosecution to cross-examine them.

(B) Shekhar v. State (AIR 2015 SC 1234)

• The court stated that if a witness changes their statement under fear or pressure, the court must assess their credibility.

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Conclusion

Hostile witnesses pose a serious problem in the Indian judicial system, obstructing the course of justice. Preventing this issue requires witness protection, judicial reforms, and strict punishments. If not controlled, this issue can undermine the fairness of the judicial system.

The judiciary, legislature, and executive must collectively implement effective measures so that witnesses can testify fearlessly and impartially in court.