Validity of the hostile witness and its usefulness

Question

Validity of the hostile witness and its usefulness

14-Oct-2023 (In Criminal Law)

Is the hostile witness valid? Is it useful for accused?

Answers (3)

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Advocate Bala Murali LawRato · Accepted Answer · 2017-10-16T10:23:48+05:30

Answer #1

It is not correct to say that the whole evidence of a hostile witness is discarded by the court. It all depends on the facts and circumstances of each case. However for further assistance please contact us with your case details and case documents

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Advocate Innamuri Balasubramanyam LawRato · Accepted Answer · 2017-10-17T16:29:40+05:30

Answer #2

evidence of hostile witnesses would be considered in relate to the point of circumstantial evidence only and it is court have discretionary power to take it on record with regard to the provisions of evidence act of peculiar aspect

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Adv. Innamuri Balasubramanyam Adv. Innamuri Balasubramanyam

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Advocate Rajagopalan LawRato · Accepted Answer · 2017-10-18T08:43:28+05:30

Answer #3

HI In general if a witness turns hostile, then his statement under 161 Cr.P.C is not considered by the court and it becomes useful for the accused. However it is the judicial discretion of court to take in to account the circumstances in which the witness has turned hostile and the courts have powers to recall the witness and depose . So the lawyer of accused needs to cautious to ensure that the witness turned hostile for genuine reasons and not otherwise.

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