EVIDENTIARY VALUE OF STATEMENTS GIVEN BY A HOSTILE WITNESS:   CONSEQUENCES OF WITNESSES TURNING HOSTILE

INTRODUCTION:

According to Bentham, witnesses are the "eyes and ears of justice."
Hostility of witnesses is a menace to society. Witnesses who support the prosecution story during a criminal investigation often hesitate to testify in court or, even if they do, may not present the truth due to fear, relationships, or other personal reasons.
Article 150 of the Q.S.O 1984 addresses situations where a witness may turn hostile. The court may, in its discretion, allow the party that called the witness to ask any questions that might have been asked in cross-examination by the opposing party.

WHO IS A WITNESS?

The Oxford Dictionary defines a witness as "one who gives evidence in a cause; an indifferent person to each party, sworn to speak the truth, the whole truth, and nothing but the truth."

IMPORTANCE OF WITNESSES IN A CRIMINAL JUSTICE SYSTEM

A witness plays an important role in the criminal justice system alongside the complainant and the accused. By providing evidence related to the commission of an offense, the witness assists the court in discovering the truth. It is for this reason that the witness swears an oath in the name of God or solemnly affirms to speak the truth, the whole truth, and nothing but the truth. The witness submits themselves to cross-examination and cannot refuse to answer questions on the grounds that the answers may incriminate them.

WHO IS A HOSTILE WITNESS? AND ITS NATURE

Hostility is a form of perjury. A witness is considered hostile when they provide a certain statement regarding their knowledge about the commission of a crime before the police but later deny it when called to testify in court. The term "hostile" has its origins in Common Law.

The Oxford Dictionary defines "hostile" as "very unfriendly or aggressive and ready to argue or fight," derived from the Latin "hostis," meaning "enemy."

CONCEPT OF HOSTILE WITNESS UNDER Q.S.O 1984: WHEN MAY A PARTY CROSS-EXAMINE HIS WITNESS?

Under Article 150 of the Q.S.O 1984, there is no formal declaration of a witness as hostile, but the article allows the court to permit the party calling the witness to ask any question that might have been asked in cross-examination.

1. When Does a Witness Turn Hostile?
   Merely giving unfavorable testimony is not enough to declare a witness hostile, as they might be telling the truth, which contradicts the party’s case. A witness is hostile if they attempt to harm the party's case by suppressing the truth. The court has wide discretion to allow cross-examination of a witness under the following conditions:
   a) When the witness shows a distinctly hostile attitude, demeanor, or temper towards the party calling them; or
   b) When the witness makes statements contrary to what they were called to prove, and their conduct indicates that they are not genuinely interested in telling the truth.

2. Hostile Witness May Only Be Cross-Examined with Court Permission:
   The court must grant permission for a party to cross-examine their own witness, even if the witness is hostile. Section 145 of the Q.S.O 1984 permits this when a party needs to cross-examine their witness as if they were the opposing party.

3. Questions Asked in Cross-Examination of Hostile Witnesses:
   Cross-examination of a hostile witness allows:

   • Leading questions under Article 136,

   • Questions relating to previous statements made by the witness in writing under Article 140, and

   • Questions to test the witness's credibility, to determine their position in life, or to shake their credibility under Article 141.

4. No Advantage Can Be Taken by the Opposite Party if the Hostile Witness Has Been Discredited:
   The fact that a witness is cross-examined under Article 150 does not automatically mean that their testimony should be discarded. The party calling the witness can still rely on parts of their testimony that are credible, even if the witness has been cross-examined and discredited. The court must carefully evaluate the testimony of a hostile witness before deciding how much weight to give it.

5. Object of Cross-Examination:
   The objective of cross-examination is not only to impeach the credit of a witness but also to compel the witness to make admissions favorable to the party and to uncover the truth, though it may, in some cases, discredit the witness entirely.

EVIDENTIARY VALUE OF STATEMENTS GIVEN BY A HOSTILE WITNESS

The evidence of a hostile witness cannot be completely disregarded. Instead, it may be accepted if, upon careful examination, it is found to be reliable.
Declaring a witness hostile does not automatically reject their evidence. The court may rely on parts of the witness's testimony that are beneficial to both parties, but it must be cautious in doing so.
If a witness retracts or contradicts their earlier statements to the police, their evidence may be rejected as unreliable.
The credit of a witness can be impeached under Articles 151 and 140 of the Evidence Act and Section 162(1) of the Cr.P.C. If a witness withdraws support from the prosecution's case, it does not automatically invalidate the entire case. The court will assess the impact of the hostile witness’s testimony on the overall case.

REASONS FOR WITNESSES TURNING HOSTILE

Several reasons can cause a witness to turn hostile, including:

1. Lack of police protection during and after the trial,

2. Fear of facing retaliation from the accused or others connected to the case,

3. Delay in the disposal of cases,

4. Intimidation,

5. Inducements in cash or kind.

For all these reasons, witnesses may hesitate to testify or may withdraw their support.

CONSEQUENCES OF WITNESSES TURNING HOSTILE

The social and legal consequences of witnesses turning hostile include:

(A) PERJURY:
A person is legally bound to answer questions truthfully. If a witness knowingly gives false testimony, they may be charged with perjury under Sections 191 and 193 of the Penal Code.

(B) DECLINE IN CONVICTION RATES:
The effectiveness of a criminal justice system is reflected in its conviction rates. A high rate of hostile witnesses can negatively impact these rates.

(C) CROSS-EXAMINATION BY THE PARTY WHO CALLED THE WITNESS:
If the prosecution feels that a witness is giving unfavorable statements, the court may allow cross-examination to clarify the witness’s position.

(D) LOSS OF FAITH IN THE JUDICIARY:
A high number of acquittals due to hostile witnesses can erode public trust in the judiciary, particularly in high-profile cases.

CONCLUSION:

Witness testimony is crucial in the criminal justice process, but hostility can undermine the entire system. Witnesses may turn hostile for a variety of reasons, such as fear or intimidation. While the law provides a mechanism for addressing hostile witnesses, it is important for courts to exercise caution and discretion when handling such cases. The implications of hostile witnesses can significantly affect the outcome of trials, as well as public confidence in the judicial system. Thus, ensuring witness protection and swift justice is vital in maintaining the integrity of the criminal justice system.