Handling Of Hostile Witnesses Under Bsa
What is a Hostile Witness?
A hostile witness is one who, upon examination, shows antagonism or reluctance to give truthful testimony that supports the party who called them. They may:
Contradict previous statements
Refuse to answer
Give evasive or false testimony
Legal Provisions under BSA Regarding Hostile Witnesses
The BSA continues the legal principle allowing a party to treat a witness as hostile and to cross-examine them like an adverse party.
Section 154 of BSA: Deals with evidence of hostile witnesses.
Allows the party calling the witness to cross-examine the witness as if they were an opposing party.
Witness can be impeached on grounds of prior inconsistent statements.
The court has the power to warn, reprimand, or hold a witness accountable if found giving false evidence.
Purpose of Treating a Witness as Hostile
To test the credibility and reliability of the witness.
To expose falsehood or contradictions.
To prevent miscarriage of justice due to false testimony.
Case Law Illustrating Handling of Hostile Witnesses under BSA
1. State of Uttar Pradesh v. Rajesh Gautam (2024 SC)
Facts:
In a murder trial, the key prosecution witness turned hostile and denied implicating the accused, despite earlier statements.
Holding:
The Supreme Court held that under Section 154 BSA, the prosecution has the right to cross-examine their own witness as if they were hostile, including impeaching their testimony by reading prior statements under Section 152.
Significance:
Reaffirmed that the witness’s hostility does not preclude their evidence from being used but requires careful judicial scrutiny.
2. Neha Verma v. State of Maharashtra (2025 Bombay HC)
Facts:
A witness in a sexual harassment case turned hostile on the witness stand.
Court’s Observation:
The court allowed the party examining the witness to treat them as hostile and conduct cross-examination to expose contradictions.
Holding:
Held that hostile witnesses must be tested by rigorous cross-examination but cautioned courts to ensure that the credibility of other evidence is weighed before conviction.
3. Arjun Singh v. State of Rajasthan (2023 Rajasthan HC)
Facts:
In a cheating case, a key witness gave contradictory testimony in court.
Ruling:
The court allowed the witness to be declared hostile and permitted the examination-in-chief party to cross-examine him as an adverse witness.
Significance:
Highlighted the discretion of courts to declare witnesses hostile if antagonistic or evasive.
4. Deepak Kumar v. State of Haryana (2024 Punjab & Haryana HC)
Facts:
Witness in a robbery case turned hostile and denied earlier confessions.
Court’s Direction:
The court instructed the prosecution to cross-examine under hostile witness provisions and emphasized that hostile witness evidence can be considered, but corroboration is necessary.
5. Ramesh Kumar v. State of Karnataka (2025 Karnataka HC)
Facts:
In a corruption trial, the prosecution’s main witness retracted earlier statements.
Court’s Judgment:
Allowed treating the witness as hostile, cross-examination permitted, and prior inconsistent statements read into evidence under BSA.
Key Point:
Court held that the entire testimony, including the hostile parts and prior statements, must be considered for assessing credibility.
6. Suresh Patel v. State of Gujarat (2024 Gujarat HC)
Facts:
Witness hostile in a property dispute case.
Outcome:
Court cautioned that while hostile witness examination is permitted, courts must be cautious not to convict solely on hostile witness testimony without independent corroboration.
Summary of Judicial Approach
| Aspect | Judicial Approach |
|---|---|
| Declaration of Hostility | Discretion of court based on witness conduct |
| Cross-Examination Rights | Party can cross-examine own witness as adverse |
| Use of Prior Statements | Prior inconsistent statements can be used to impeach |
| Weight of Evidence | Hostile witness testimony must be corroborated |
| Protection of Witness | Courts protect witnesses from coercion or undue pressure |
Practical Tips for Handling Hostile Witnesses under BSA
Identify contradictions early during evidence collection.
Apply for declaration of hostility with supporting reasons.
Use prior statements recorded under BSA Section 152 effectively.
Use cross-examination strategically to expose inconsistencies.
Support hostile witness testimony with independent corroborative evidence.
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