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Siv (engineer)     16 September 2014

How to make some defence witnesses hostile



Accused called some people through petition U/s 311 of CrPC as defence witnesses.... now accused is confident on them that they will not say false so that their version supports accused....


If accused do not want those people as Defence Witnesses after court callled them to court.... what is the procedure to make them not to enter into witness box ...


 1 Replies

Ashok, Advocate (Lawyer at Delhi)     16 September 2014

As per your statement of facts, these are the defence witnesses who have been called on the request of the accused himself and now the accused does not want to examine them as defence witness. The solution is to drop them as defence witnesses by making an application; or when they appear in court, the counsel for the accused can make the statement that he does not want to examine them. The court will generally not force the accused to examine certain persons as defence witnesses. It is the prerogative of the accused who he wants to examine as his defence witnesses.

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