Classification of Witnesses and Their Roles Under the Indian Evidence Act

 

Context:

1. Who is a Witness

2. Types of Witness Under Evidence Act

Who is a Witness?

A witness under the Indian Evidence Act of 1872 is a person who has personally seen an event happen. This event could be a crime, an accident, or any other significant occurrence. Section 118, 121, and 133 of the Act address the capacity of a witness. A witness must have the capacity to understand the questions posed to them and provide rational answers. Any person who has witnessed the event is competent to testify, unless (i) the court considers that they are unable to understand the questions or give rational answers. Rational answers are not expected from those of tender age, extreme old age, or individuals with mental disabilities. 

Generally, a lunatic lacks the capacity to testify unless their lunacy does not prevent them from understanding and answering questions. Even a small child (around 6 or 7 years old) can testify if the court is satisfied that they are capable of giving a rational testimony. Courts consider the child’s ability to perceive and narrate facts.The testimony of a child cannot be discarded as untrue if there is no reason for them to falsely implicate someone.

The credibility of a witness depends on their ability to provide rational testimony and their worthiness of belief. Courts evaluate the competence and reliability of witnesses based on their understanding and truthfulness.

Witness is a person who witnesses any act or series of acts or a scene taking place. A witness may be any person who has the ability to perceive a fact through his senses. A competent witness may perceive any act from his eyes or ears or smell or sensation or touch or any other reasonable mode.

As per section 118 of the Indian Evidence Act, a competent witness is one who has the capacity and ability to understand the questions put to him by the court. If he has the understanding of questions and the ability to give rational answers, then he is a competent witness.

Any person can be a witness. There’s no restriction as to who can be a witness. A person, either male or female, a child or aged, can be a witness. The only restriction is that if a person does not understand the questions and is not able to answer rationally, then he is not a competent witness. 

Types of Witness Under Evidence Act

A witness may be classified into different categories. The mode or source of perceiving any act may not be similar. A person may see a thing or hear a thing. So it depends.

Important types of witnesses are:

1.Interested Witness

2.Chance Witness

3.Stock Witness

4.Eye Witness

5.Official Witness

6.Related Witness

1.What is Interested Witness?

An interested witness is a person who wants the accused to be behind bars for the crime he committed. Any person may be an interested witness like a friend of the prosecution, or any other person who wants the culprit to be punished.

For example, A is a family doctor of B. B is a person who has committed so many crimes but never caught in the hands of the law. And A for the reason of being doctor always treated B for illness and injuries. Now for a crime, B is tried in the court. Here A can be an interested witness as to previous acts of B, which shall prove that he is a habitual offender. A is an interested witness here. He has no link or ties with the case but wants the culprit to be punished.

2.What is Chance Witness?

Any person who, by coincidence or chance, is present at the scene of a crime or is passing by the scene of a crime is called a chance witness. If such a person gives testimony in court, he is treated as a chance witness.

,,, A and B, renowned businessmen are making a deal of drugs in an old house where no one resides or generally visits. C, a news reporter, passing through that lane, was once told about the meetings taking place there. So he reached there for a general inspection. As soon as C reaches there, he saw that A is holding a gun against B and kills B. Here, C is a chance witness. C was not supposed to be there, but by chance, he reaches there and witnesses the crime scene.

3.What is Stock Witness?

The word stock means something which is stored or kept in for future use as per the availability. Stock witness is a person who remains at the backfoot of police and comes in front as per directions of police. Their testimony is not very reliable, and the court always opts not to stand on his testimony. Such witnesses are highly disfavored by the judges.

It is the court’s duty not to rely on or consider the testimony of a stock witness. The court must make possible attempts to sustain the prosecution case on other pieces of evidence, excluding stock witness evidence.

For example, A works for the police as a witness to the crime. If a crime takes place and police or prosecution does not have any strong witness to support their case, then the police may invite A for giving testimony in favour of prosecution that he saw accused committing a crime or any other testimony against the accused. Such kind of witnesses are generally prosecution favored witnesses, and judges do not consider much to such stock witness.

4.What is Eye Witness?

A person who, from his eyes, witnesses any act or scene of the crime, is an eye witness to that offence. An eye witness may be any person like a stranger or relative or any other person. From the perspective of evidence, an eye witness is an important evidence in solving a case. It is generally said that anything can betray but not the eyes.

For example, A is a shopkeeper and sits in his shop till 12 midnight. One day B and his brothers in a feeling of revenge reach C’s place. B and his brothers push C out from his house and beat him very badly. In some time, C’s head starts bleeding. Looking at it, B and his brothers ran away from the place, leaving C on the floor. Here, A, a shopkeeper, is an eye witness who saw the crime taking place and can give testimony against B in court.

5. What is Official Witness?

When a person from the police force gives testimony in the court of law, it is an official witness. It is termed an official witness because a person on duty gives evidence in favour of the prosecution. It is said that evidence of the police witness should not be discarded merely because a person belongs to the police force, and therefore he can be biased towards prosecution in making the case strong. His credibility cannot be doubted in this manner.

The court must scrutinize the witness strictly in accordance with the law, and if his testimony corroborates with the other pieces of evidence, then it is no harm in accepting it. If the official witness is trustworthy and credible, there is no reason for denial.

For example, A, a respectable police officer on night duty, saw a drunk man running towards a lane. A follows that man. The moment A reaches there, he saw that drunk man has attacked his wife with a knife and wife is lying down on the ground. Here A can be an official witness, and his testimony can be relied on if corroborated with other pieces of evidence after strict scrutiny.

6.What is Related Witness?

If a person to be a witness in court is a relative of the person who called him to be produced as a witness, is related witness. When a person is related to a person, his statement shall not be discarded or rejected due to the reason that he is his relative, and he may be biased in the case. It should not be presumed that a related witness will always favour his relative and not the truth.

If, after strict scrutiny, a related witness seems to be trustworthy and credible of giving testimony, then his evidence must be appreciated in court.

For example, Any person like a husband, wife, sister, brother, mother, father, or any relative of a person can be a related witness. If a person is related to the party, then general prudence says that the testimony of such a person must be construed strictly, and every attempt must be made to bring out the truth.

Case law:

Conviction on the basis of evidence of a solitary witness

Vishwajeet Masalkar v. State of Maharashtra 2024 INSC 788

- It is a primary principle that the accused ‘must be’ and not merely ‘may be’ proved guilty before a court can convict the accused. It has been held that there is not only a grammatical but a legal distinction between ‘may be proved’ and ‘must be or should be proved’.

Chandan v. The State ( Delhi Adm. ) 2024 

Question - Will absence of motive impinge on the testimony of a reliable eye- witness?

Answer. No, Evidence as to motive would, no doubt, go a long way in cases wholly dependent on circumstantial evidence. Such evidence would form one of the links in the chain of circumstantial evidence in such a case. But that would not be so in cases where there are eye-witnesses of credibility, though even in such cases if a motive is properly proved, such proof would strengthen the prosecution case and fortify the court in its ultimate conclusion.

Principles of Natural Justice during Cross Examination

- While placing reliance on the judgment highlighted, the Hon'ble Supreme Court of India in State of Madhya Pradesh v. Chintaman Sadashiv Waishampayan 1960, to bring forth the importance of following the principles of natural justice while cross examining a witness.

On : Witness Protection Bill, 2015

- Section 2(j) defines "witness" as a person who is acquainted with the facts of a crime and who is able to produce evidence of such fact either by providing oral, written or by any intelligible gestures in any judicial proceeding.

- To avail protection, Section 3 of the Said Act is invoked.

Sterling Witness:

Meaning : A witness whose version can be accepted without any corroboration and on whose testimony the guilty can be punished. In the case of Rai Sandeep v. State (NCT of Delhi) 2012, it was also held that , "there should not be any prevarication in the version of such a witness. The witness should be in a position to with stand the cross examination of any length and howsoever strenuous it may be, and under no circumstance should be roomed for any doubt as to the factum of the occurrence, the persons involved, as well as the sequence of it."

Hostile Witness?

A hostile witness under the Indian Evidence Act of 1872 is a witness who

makes a statement against the interests of the party who called them. When a

party’s own witness denies giving a statement in their favor before the court, it is considered that the witness has become hostile. A Hostile Witness, also known as an adverse witness, is someone who testifies against the party who has called them to testify. There can be various reasons for a witness becoming hostile, such as threats from the other party or fear for their safety if they testify against the accused. 

Section 154 of the Indian Evidence Act addresses the concept of a hostile

witness. It allows the court to permit a party to cross-examine their own witness who has turned hostile. While the general rule is that a party can cross-examine opposite-party witnesses, this section provides an exception. If the court deems it necessary in the interest of justice and fair hearing, it may allow a party to crossexamine their own witness. This term is used when a witness refuses to tell the truth in court after having previously declared they would do so, or if they show bias against the case of the party who called them. If a witness changes their account under oath significantly from what was provided in their pre-trial statement,

they can be declared as hostile. The judge has the discretion to declare a witness as hostile, often at the request of the attorney posing the questions. If a witness is declared hostile, the attorney who called that witness may be given permission to pose questions as though they were cross-examining the witness.

In the context of Indian law, Section 154 of the Indian Evidence Act allows a party to question their own witness if such witness is found to be hostile or unwilling to answer the questions put to them. However, a witness making a statement different than that made by him before the committing magistrate does not necessarily make him a hostile witness.