Hostilte witness by Hina Shahid

1. Hostile Witness
1-Introduction
Bose Suprio: “ Hostile Witness; A Critical Analysis of key
aspects hitherto ignoredin Indian law”
“ Not desirous of telling the truth at the instance of the
party calling him or the existence of the hostile animus
to the party calling such a witness”
2-Origination
Bose Suprio:” Hostile Witness ;A critical analysis of key
aspects hitherto ignoredin Indian law
“The term hostile witness was firstintroduced in the
common law to provide adequate safeguard against the
‘Contrivance of an artful witness’ who willfully by
hostile evidence ruin the cause of the party calling such
a witness”
3-Legal interpretation
Black’s law dictionary,9th
edn,pg no 1740
A witness who is biased against the examining party,
who is unwilling to testify or who is identifiedwith an
adverse party”

2. 4-Definition
Atri Arjit: Hostile Witness: Not Sufficientto earn
acquittal ,2008 CriLJ (Jour) 191
“ When the attorney calling the witness finds that the
answers are contrary to the legal positionof his/her
client or the witness becomes openly antagonistic, the
attorney may request the judge to declare the witness
to be hostile or adverse”
5-Judicial findings upon Hostile Witness
Gura Singh V State of Rajasthan AIR 2001 S.C 330
Who is not desirous of telling the truth at the
instance of one party calling him
AIR 1930 Cal 276
A hostile witness is one who fromthe manner in
which he gives evidence shows that he is not
desirous of telling the truth to the court
6-Evidentiary Value of Statements given by a hostile
witness
State of U.P V Ramaesh Prasad Mishra
(1996) 10 S.C.C 360

3. It is equally settled law that the evidence of a
hostile witness would not be totally rejectedif
spoken in favour of prosecutionor the accused but
it can be subjected to close scrutiny
Amrik Singh V State of Haryana 2009
“ It is trite law that evidence of a hostile witness
also can be reliedupon to the extent to which it
supports the prosecution version.It cannot be
treated As washed off record. It remains
admissible”
7-Landmark Cases on Hostile witness
Best Bakery Case 2004
The glaring example of miscarriage of justice where
the witnesses turned hostile due to external
pressures by rich and powerful accused
BMW Hit and Run Case 2003
Sanjeev Nanda allegedly run over sleeping
pavement dwellers in Dehli; A large number of
witnesses turned hostile
8-Status of declaring witness as hostile witness
1991 PCrLJ 2274

4. “ Would not make his statement doubtful in any
manner”
Statement of witness could not be disregardedfor
reasonthat he was declared hostile
9- Not Unworthy of Reliance
2004 PCrLJ 1239
If he found true and credible
10-Ambiguity crops up during cross-examination
2001 MLD 307
In case of any ambiguity crops up during cross
examination which needs a clarificationor elucidation
then witness can be re-examinedwith the permissionof
the court
11- Condition precedent to invoke the Article 150 of
QSO
2010 MLD 1848,2003 YLR 1650
“ Article 150 of the QSO could be invoked to establish
that the witness was guilt of prevaricationor that he
was inconsistent in his statement or tried to suppress

5. the truth or that he bore animosity towards the party
who called him.”
12-Conclusion
Law.Com Dictionary
Cross Reference
Article 150 of QSO
160 ,161,162 CrPc
Article 133,136,151of QSO
Chapter 11 of Pakistan penal code,1860
O you who believe!Stand out firmly for Allah and be just
witnesses and let not the enmity and hatred of others
make you avoidjustice. Be just: that is nearer to piety, and
fear Allah.Verily, Allah is Well-Acquaintedwith what you
do.( Al-Maeda:8)