Brachy 14 November 2015

Convict giving a witness

Hi Experts, I would like to know if a person convicted under prevention of corruption act, 120B IPC r/w 420 IPC in the trial court can become prosecution witness in a criminal case being tried for offences under IPC 498a, 506 r/w sections 3 & 4 of DP act.

Further details:

1. The convict has appealed in the high court and the conviction sentence is suspended. The case is yet to he heard.

2. The convict is the father of the daughter who has filed criminal case against her husband and inlaws, being tried under IPC 498a, 506 r/w sections 3 & 4 of DP act.

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3 Replies

siddhartha sinha 14 November 2015

Whether an admitted witness is criminal MAY affect the credibility of his testimony. That is subjective matter. The past or present of the witness does not automatically destroy his credibility. Assume that a thief who went to jail 5 times was the sole witness of a gruesome crime, he can be allowed.

SAINATH DEVALLA (LEGAL CONSULTANT) 14 November 2015

Yes he can be admitted as a prosecution witness.

Sudhir Kumar, Advocate (Advocate) 15 November 2015

There is no provision in Evidence Law that a person can be barred from telling truth to the court simply becasue he is convicted in some case (even if brought from Jail).

You can cross examine and prove him false.