Hostile Witness During the proceedings.
Querist :
Anonymous
(Querist) 22 March 2011
This query is : Resolved
( Declaration of hostile is not in the hands of public prosecutor. He applies to court and if court permits. witness is declared hostile ? )
what does it wants to convey i am confused because i known that a hostile witness cannot be cross - examin & chief examin also if the witness becomes the hostile than after chief examin thant cross examin is not possible & if the witness becomes the hostile before the chief examin than cross examin & chief examin is not possible whether with the leave of the court or not ? Also what does the above bracket words says ?
Thank You ALL.
Guest
(Expert) 23 March 2011
if the witness deposes exactly as stated in police statement u/s 161 he is a normal witness he can be crossed without any permission.
if the witness left some of material points/recovery etc he is treated as hostile upto the point in which he is hostiled(denied/not said). Regarding the other points the otherside /defence counsel has every right to cross examine the hostile witness regarding the other contradictions upto his hostile portion. the hostile witness can also crossed in order to get other details regarding the related transactions. For which no permission is required for cross examinine the hostile witnesses.in cross take carefulness on th point.
one more point to kept in mind that the hostile witnesses cannot be disregarded in toto. how much portion is relevant can be taken into account till the part of hostile. it is a supreme court judgement so keep the things mind while cross of hostile witnesses.
Guest
(Expert) 23 March 2011
If a witness resiles from his previous statement and the court declares him as hostile on request of the concerned party, he can be cross-examined by the prosecution or the defence, on whose behalf the witness has been brought.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 March 2011
It is not a real problem and that is why you have complained elsewhere that you are getting poor response while people try their best.
