Hostility is Menace

By Mahindra Nath Rai

Published In

CRLJ 2005

Conviction of a guilty person develops devotion and sincerity to law among public at large. And this development leads to a good governance. But, now a days most criminal cases turn into acquittal because witnesses turn hostile. Hostility of witnesses is a menace to human society. Witnesses who support the prosecution story during a criminal investigation do not like to turn up before a criminal Court to depose the true story. Even if they appear before the Court they do not intend to put before the Court the true picture of the prosecution due to fear, relations, and closeness. Let us first consider the actual meaning of word ‘Hostile’ because in the Indian Evidence Act 1872 Nowhere hostile word is used nor is described in respect of hostility. Hostile means adverse, unfavourable or alien. These words have been borrowed from the British law. In a criminal trial when a prosecution witness is summoned to produce evidence, he appears before the Court but does not c ....

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