CREDIBILITY OF RELATED AND INTERESTED WITNESSES
Credibility of Related and Interested Witnesses
Who are Related and Interested Witnesses?
Related Witnesses: Those who have a family or close personal relationship with a party in the case (e.g., spouse, child, parent, sibling).
Interested Witnesses: Those who have a direct interest in the outcome of the case (e.g., business partners, beneficiaries, or anyone who gains or loses from the case).
General Legal Principle:
Relationship or interest does NOT automatically disqualify the testimony.
The law does not reject evidence solely because the witness is related or interested.
However, such witnesses’ evidence is subject to careful scrutiny due to the possibility of bias.
Key Points:
Credibility is a Question for the Court
It is the court’s role to assess whether the witness is truthful and reliable, taking into account any relationship or interest.
Possibility of Bias or Partiality
Related or interested witnesses may be influenced by personal motives.
This may affect their impartiality or lead to exaggeration, concealment, or distortion.
Corroboration is Desirable
Evidence from related/interested witnesses is often tested against independent evidence.
Corroboration strengthens the reliability of their testimony.
Judicial Precedents
Courts have held that the testimony of related/interested witnesses can be accepted if found trustworthy.
Example:
"The testimony of a related or interested witness cannot be discarded merely because of relationship or interest but must be tested by other evidence and circumstances."
Practical Impact:
In civil and criminal cases, witnesses related or interested parties can testify, but their evidence is weighed with caution.
Defense or opposing party may challenge their credibility by highlighting bias.
Cross-examination is often focused on uncovering possible motives.
Illustrative Case Law:
Sharad Birdhichand Sarda v. State of Maharashtra (1984): Supreme Court emphasized that interested witnesses' evidence is not to be discarded outright but needs careful examination.
K.M. Nanavati v. State of Maharashtra (1962): Witnesses related to parties can give credible evidence if found truthful.
Summary:
| Factor | Effect on Credibility |
|---|---|
| Relationship to Party | Possible bias, but evidence not rejected outright |
| Personal Interest | Possible motive to fabricate or exaggerate |
| Corroboration | Helps in strengthening credibility |
| Court’s Role | To assess credibility based on whole evidence |
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