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Hostile Witness (Section 154 IEA / Section 142 BSA)

Evidentiary Rules & Proof Standards

Definition

A witness called by a party who exhibits an adverse disposition or testifies contrary to their own earlier recorded police/investigative statements, enabling the party calling them to cross-examine their own witness with the leave of the court.

Example

In Sat Paul v. Delhi Administration, the Supreme Court held that the evidence of a hostile witness is not completely washed off the record; those parts of the deposition that are corroborated can still be relied upon by the court.