To implement this safeguard, the witness had to be declared “hostile,” a status determined by specific criteria like the witness not being inclined to tell the truth or harboring a ‘hostile animus’ toward the party calling them. Under Common Law, the safeguard against hostile witnesses involved challenging their previous statements or undermining their credibility, typically not allowed. English statutory law, specifically the Perjury Act of 1911, recognizes hostility as a form of perjury, emphasizing that knowingly providing false or untrue statements in a judicial proceeding is a criminal offense. The term “hostile” witness originates from Common Law, aiming to safeguard against the deliberate actions of a witness aiming to sabotage the cause of the party that called them. This occurs when an individual, who initially provided crucial information aiding the prosecution in building a case, later contradicts their testimony in court, offering a different version or conflicting details. When a witness turns hostile, it signifies a form of perjury. The menace of witness hostility has the power to dismantle even the most meticulously built legal cases, disrupting court proceedings, and potentially enabling criminals to evade justice, thereby undermining the investigative process. This departure from the usual prohibition on leading questions is justified by the need to counteract the witness’s uncooperative demean or and ensure a fair and efficient trial.Ĭourts often recognize a witness as hostile when there is a clear deviation from their expected cooperation or when their testimony undermines the presenting party’s case. When faced with a hostile witness, the examining attorney may employ leading questions-questions that suggest the desired answer or presuppose facts-in an effort to guide the witness toward revealing the information needed for the case. The goal is to elicit relevant information, clarify inconsistencies, and challenge the witness’s credibility. In the legal context, the designation of a witness as “hostile” allows the party calling the witness (usually the side that called them to testify) to employ more assertive questioning techniques than would normally be permitted. This often occurs when the witness’s testimony contradicts their earlier statements, the evidence presented, or the interests of the party calling them to the stand. Unlike ordinary witnesses, who are typically expected to provide unbiased and truthful testimony, a hostile witness may be uncooperative, evasive, or openly antagonistic towards the party examining them. What is the major reason for witness turning Hostile? How do you deal with difficult or hostile witnesses? How many witness are required to prove a case? Can a witness change their statement in court? What is another name for a hostile witness? What is the evidentiary value of hostile witness? Under which section the court can declare a witness hostile? Can a hostile witness be permitted to subvert a criminal trial? SUDHA SEETHARAM WRIT PETITION NO.14032 OF 2019 (GM-CPC) Karnataka high Court K) Priyadarshini Mattoo rape and murder case- 1.State of Rajasthan, reported in AIR 2001 SC 330- 1. I) Navigating Truth in Legal Proceedings: Insights from Chandra Pal Singh v.H) Ensuring Truthfulness in Testimony: Insights from Rameswar Kalyan Singh v.G) Unveiling Witness Examination: Insights from Section 611(c) of Federal Rules of Evidence.Evolution of Legal Procedures: Adapting to Modern Challenges. Public Perception: Media Portrayal and Public Understanding.Witness Preparation Strategies: Importance of Thorough Planning.F) Controversies Surrounding Hostile Witnesses: Criticisms and Debates. Legal Ramifications: Penalties for Witnesses Found Guilty of Perjury.Psychological Factors: Understanding Motivations Behind Hostility.Prevention and Detection: Safeguarding the Legal Process.Consequences of Hostile Witnesses: Impact on the Legal Process.Traits of a Hostile Witness: Identifying Characteristics in Court.E) Legal ways to Minimize the Risk of Witness Hostility.D) It Can Demolish Justice: Unraveling the Enigma of Hostile Witnesses.C) Judicial Remedy: Transforming the Criminal Justice System.Witness Hostility: The Underlying Causes.
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