Question

A hostile witness is one who

• A. refuses to appear in the court
• B. is under judicial custody
• C. refuses to answer questions raised by plaint’s counsel in the court
• D. gives evidence at trial against the party calling him

Hint:

A witness is "hostile" when they exhibit bias against the party that summoned them.
Section 154 of the Indian Evidence Act allows the calling party to cross-examine their own hostile witness with the court's permission.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks for the definition of a "hostile witness" in a judicial trial.
We need to distinguish between procedural non-compliance and testimony that is adverse to the calling party.


Step 2: Key Principle / Approach:
Under Section 154 of the Indian Evidence Act, 1872, a party can put leading questions to their own witness with the permission of the court if the witness shows an adverse disposition towards them.


Step 3: Detailed Explanation:

• In a trial, witnesses are generally called by a party because they are expected to support that party's case.

• However, if a witness unexpectedly turns against the party that called them and gives testimony that damages that party's position, the witness is deemed "hostile."

• The primary characteristic of a hostile witness is not their refusal to appear in court (which is a failure to comply with a summons), making option (A) incorrect.

• It is also not related to their detention or custody status, making option (B) incorrect.

• A mere refusal to answer questions of the plaint's counsel does not automatically make them hostile under the specific legal definition, making option (C) incorrect.

• Once a witness is declared hostile by the court, the party that called them is permitted to cross-examine them and impeach their credibility using prior inconsistent statements.



Step 4: Final Answer:
A hostile witness is one who gives evidence at trial against the party calling him, corresponding to Option (D).