Which one of the following statements in relation to evidentiary value of hostile witness is correct?

Correct option is C

The correct option is (c) it can be relied upon to the extent that it, being admissible in law, supports the case of prosecution or defence.

Explanation

Based on the Bharatiya Sakshya Adhiniyam (BSA), 2023, the legal status of a hostile witness's testimony is as follows:

1. Section 157 (Hostile Witness): This section (previously Section 154 of the IEA) allows the party who calls a witness to put questions to them which might be put in cross-examination by the adverse party. This typically happens when a witness becomes "hostile" or adverse to the party that called them.
2. No Automatic Rejection: There is no provision in the BSA that mandates the rejection of a witness's entire testimony simply because they were declared hostile.
3. Evidentiary Value: The law permits the court to rely on the parts of the hostile witness's testimony that are found to be creditworthy. This evidence can be used to support either the prosecution's case or the defence's case, provided it is admissible and consistent with other evidence on record.

Information Booster:

The Bharatiya Sakshya Adhiniyam, 2023 provides the following regarding witness examination:

• Discretion of the Court: Under Section 157, the Court has the discretion to permit a party to cross-examine their own witness. This is not a matter of right but a judicial permission granted when a witness appears to be suppressing the truth.
• Corroboration: While the testimony of a hostile witness is not discarded, courts usually look for corroboration from other independent sources before placing heavy reliance on the parts of the statement that favor the party calling them.
• Sequence of Examination: The BSA maintains the standard sequence of Examination-in-chief, followed by Cross-examination (if requested), and then Re-examination.