Judicial Dictionary - H

Judicial Dictionary


Legislative Dictionary


Hostile Witness

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CategoryH
TitleHostile Witness
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A hostile witness is defined as one who by the manner in which he gives his evidence shows that he is not desirous of telling the truth. A witness who is allowed to be cross-examined by the party who called him is a hostile witness. There must be hostile animus and that the witness being not desirous of telling the truth to the Court. [Abed Ali Mia vs. Islam Mia (1960) 12 DLR 578]

Merely because the evidence of a witness has been declared hostile his evidence cannot be brushed aside as his evidence is to be considered for what it is worth and his evidence cannot be treated as unreliable so as to exclude his evidence from considering altogether. [Abdur Rab alias Nedon Miah vs. State 1 BLC 270]

See, Section 154 of the Evidence Act, 1872.
Created OnApril 23, 2011, 9:48 AM
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