Hostile Witnesses And Adverse Inference
What is a Hostile Witness?
A hostile witness is a witness who, upon examination, shows antagonism, reluctance, or unwillingness to testify in favor of the party that called them.
The witness may turn adverse or give testimony contrary to what is expected.
Under Section 154 of the Indian Evidence Act, 1872, a party may apply to the court to declare a witness as hostile.
Once declared hostile, the party that called the witness can cross-examine them like an adverse party.
What is Adverse Inference?
Adverse inference refers to a conclusion drawn against a party due to their failure to present evidence, suppression of facts, or contradictory behavior of their witness.
When a witness turns hostile, courts may draw adverse inference against the party calling that witness if the hostility is deliberate or obstructive.
Adverse inference ensures parties do not misuse witnesses to shield the truth.
Legal Provisions
| Provision | Explanation |
|---|---|
| Section 154, Indian Evidence Act | Procedure for declaring witness hostile |
| Section 114, Indian Evidence Act | Court may presume adverse inference for concealment or suppression |
| Section 145, Indian Evidence Act | Party calling witness can cross-examine if hostile |
Important Case Laws on Hostile Witnesses and Adverse Inference
1. Manohar Lal Sharma v. The Principal Secretary (2010) 13 SCC 43
Facts: A witness called by the prosecution turned hostile during trial.
Issue: Whether hostile witnesses can be cross-examined by the party calling them.
Judgment: Supreme Court held that once a witness is declared hostile under Section 154, the party can cross-examine the witness to test credibility.
Significance: Reinforced the procedure for handling hostile witnesses.
2. Sukhram v. The State of Maharashtra (1992) 3 SCC 700
Facts: Witnesses turned hostile during trial for murder case.
Issue: Whether the evidence of hostile witnesses can be discarded altogether.
Judgment: The Supreme Court held that hostile witnesses' testimony cannot be rejected outright; parts that inspire confidence can be relied upon.
Significance: Established nuanced approach; hostile witnesses' evidence can be used selectively.
3. State of Rajasthan v. Kashi Ram (2006) 12 SCC 254
Facts: Several witnesses turned hostile in a criminal case.
Issue: Whether adverse inference can be drawn against accused due to hostile witnesses.
Judgment: Court observed that hostility of witnesses does not automatically result in acquittal; conviction can rest on other evidence and adverse inference.
Significance: Clarified the role of hostile witnesses in criminal conviction.
4. Union of India v. Ibrahim Uddin (1975) 2 SCC 697
Facts: The prosecution witnesses turned hostile.
Issue: Whether adverse inference can be drawn for witnesses’ hostility.
Judgment: The Court held that hostility may indicate attempt to shield the accused and adverse inference may be drawn against them.
Significance: Supported drawing adverse inference in case of hostile witnesses.
5. Ramachandra Reddy v. Public Prosecutor (1956) SCR 328
Facts: Hostile witnesses in a criminal case.
Issue: Whether the evidence of hostile witnesses can be believed.
Judgment: The Court held that if part of the testimony is reliable, it can be used, despite hostility.
Significance: Reinforced selective acceptance of hostile witness evidence.
6. State of U.P. v. Rajesh Gautam (2003) 5 SCC 110
Facts: Witnesses turned hostile during trial.
Issue: When can adverse inference be drawn against accused.
Judgment: The Supreme Court stated that mere hostility is insufficient; must be viewed in context of entire evidence.
Significance: Adverse inference must be drawn cautiously.
Summary Table: Hostile Witnesses and Adverse Inference
| Aspect | Explanation |
|---|---|
| Hostile Witness Definition | Witness showing antagonism or contradicting party’s case |
| Legal Provision | Section 154, 145, and 114 of Indian Evidence Act |
| Party's Right | Can apply to declare witness hostile and cross-examine |
| Use of Evidence | Partially reliable testimony can be used even if hostile |
| Adverse Inference | Drawn against party calling hostile witness if misconduct found |
| Court’s Caution | Adverse inference is not automatic; entire evidence considered |
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