Hostile Witness
A hostile witness is a witness who, while giving evidence, displays an adverse attitude towards the party who called them, either by contradicting earlier statements or by refusing to support their case. Under Section 154 of the Indian Evidence Act, 1872, the court may declare a witness hostile if they appear unwilling to tell the truth or are intentionally deviating from their previous version. Hostility may arise due to threats, inducements, fear, or pressure, especially in criminal cases involving serious offences. Once declared hostile, the party calling the witness is permitted to cross-examine them—something normally not allowed—thereby ensuring that the search for truth is not obstructed.
The testimony of a hostile witness does not automatically become worthless. Their earlier statements under Section 161 or Section 164 of the CrPC may be used for contradiction under Section 145 of the Evidence Act. Courts often rely on the credible parts of hostile testimony if they are supported by independent evidence such as medical reports, forensic findings, or circumstantial proof. Hostility may sometimes result from genuine confusion or lapse of memory, not deliberate falsehood. Therefore, courts adopt a careful and balanced approach while evaluating such testimony.
The purpose of Section 154 is to prevent injustice and uncover the truth even when a witness unexpectedly changes their stance. Courts focus on the reliability of the evidence rather than the label “hostile.” If any part of the witness’s statement appears truthful and is corroborated by other evidence, it may still form the basis of conviction. Thus, the provision acts as a protective measure for the prosecution or defense and promotes effective fact-finding despite witness intimidation or manipulation.
Real-Time Example
In a murder trial, the prosecution presents an eyewitness who had earlier identified the accused during investigation under Section 161 CrPC. However, during the trial, the witness suddenly claims that he cannot identify the accused. Noticing the clear contradiction, the prosecutor requests the court to declare the witness hostile. The court permits this under Section 154 of the Evidence Act. During cross-examination, the witness is confronted with his previous statement. While he hesitates, parts of his testimony align with CCTV footage and forensic evidence. The court accepts the consistent portions and uses them, along with technical evidence, to convict the accused.
Mnemonic to Remember
Mnemonic: “H-O-S-T-I-L-E = Helps Opponent, Sudden Turn, Interrogation Legal Exception.”
- H – Helps Opponent: Starts supporting the opposite side.
- O – Opposes Caller: Goes against the party who called them.
- S – Sudden Shift: Abrupt change from previous statements.
- T – Testified Differently: Court testimony contradicts 161/164 CrPC statements.
- I – Interrogation Allowed: Section 154 allows cross-examination by calling party.
- L – Legal Discretion: Judge decides on declaring hostility.
- E – Evidence Usable: Credible parts still accepted by courts.
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