Credibility of Related and Interested Witnesses | Civil Law for Judiciary Exams PDF Download

Introduction and Background

• It is essential to understand the distinction between related witnesses and interested witnesses in legal proceedings. A related witness holds some form of relationship with the victim, while an interested witness stands to benefit directly from the outcome of the case. This distinction is crucial for courts to assess the credibility of witness testimony and ensure the integrity of the legal process.
• Witnesses serve as crucial elements in the justice system, providing firsthand accounts that contribute to the pursuit of truth and justice. Their testimony, given under oath, carries significant weight in legal proceedings, shaping the course of criminal trials.
• This essay seeks to delve into the evidentiary value of testimony provided by related and interested witnesses, examining the legal framework in India and comparing it with the practices in the United Kingdom. By analyzing cases and legal principles, we aim to shed light on the complexities surrounding witness credibility and the admissibility of their statements.
• Witness testimony forms the cornerstone of a criminal trial, offering essential insight into the events under scrutiny. Evaluating the credibility of witnesses, particularly related and interested parties, is a critical aspect of the judicial process. The Indian Evidence Act, 1872, though not providing a strict definition of a witness, underscores the importance of their role in legal proceedings.
• As we navigate through the legal landscape concerning the credibility of related and interested witnesses, it becomes evident that each case demands a meticulous assessment of various factors, including the nature of contradictions, their relevance, and their impact on the overall testimony. Courts must scrutinize the motives and interests of witnesses to ensure the integrity of the legal system.
• This analytical exploration will dissect the legal issues surrounding witness credibility, offering insights into landmark cases and contemporary developments. By comparing the legal frameworks of India and the United Kingdom, we seek to provide a comprehensive understanding of the principles governing witness testimony and the nuances of related and interested witnesses.
• In conclusion, this analysis aims to illuminate the complexities of witness credibility, emphasizing the need for a thorough examination of testimonial evidence in legal proceedings.

Legal Issues

• Weather-related witness being considered as an interested witness, as seen in the case of State of Rajasthan vs. Kalki, AIR 1981 SC 1390.
• Is the testimony of a related and interested witness required to be automatically dismissed, as indicated in Raju alias Balachandran vs. State of Tamil Nadu, AIR 2013 SC 983?
• Is the testimony of a related witness deemed inadmissible solely based on their relationship with the victim?
• Can the testimony of a related witness be undermined if they are also a natural witness, on the grounds of presenting biased evidence?
• Does the evidence provided by an interested witness hold significant credibility?
• Does the presence or absence of interest impact the honesty and reliability of witness testimony?
• Is the law concerning the credibility of interested witnesses in India aligned with the evidence law in the United Kingdom?

Legal Regime on Credibility of Related and Interested Witnesses

• Section 3 of the Indian Evidence Act, 1872: This section divides evidence into oral and documentary evidence. In India, the principle of "falsus in uno, falsus in omnibus" does not apply, providing protection to witnesses against being labeled as liars.
• Chapter IX - "OF WITNESSES" of the Indian Evidence Act: Covers provisions related to witness competency, compatibility, privileges, and quantity of witnesses.

Questioning the Credibility of Related Witness

• A related witness is someone with a connection to the victim, like a wife testifying about her husband's death.
• It's crucial to understand that a related witness isn't automatically considered an interested witness, as clarified by the Supreme Court in the State of Rajasthan vs. Kalki case.
• Criteria for assessing the credibility of witnesses include their access to accurate information, motives for hiding the truth, and consistency in their testimonies.

Testimony of Related Witness - Evidentiary Value

• The Supreme Court has emphasized that related witnesses should not have their testimony dismissed solely based on their relationship with the deceased.
• Courts need to take a practical approach when evaluating the credibility of eyewitnesses with potential biases against the accused.

Appreciation of Evidence in Related Witness

• It's emphasized that related witnesses' testimony should not be disregarded automatically due to their relationship with the complainant or deceased.
• What matters most is the truthfulness of their statements under the law.

Law on the Admissibility of the Testimony of an Interested Witness

• An interested witness is defined as someone with a personal stake in the trial's outcome, aiming to have the accused convicted.
• The court must be cautious when considering the testimony of interested witnesses, as they may have biases affecting their reliability.

Appreciation of Testimony of Interested Witnesses

• Interested witnesses' testimonies often lack reliability and require corroboration for acceptance.
• Courts must scrutinize such testimonies thoroughly and with caution, as interested witnesses may desire the conviction of the accused.

Credibility of Evidence of Interested Witnesses

• The credibility of an interested witness's testimony should not be dismissed outright due to its partisan nature, but courts should scrutinize it carefully.
• Interested witnesses' evidence needs to be approached with caution and may require corroboration to a significant extent.

Admissibility of Evidence of Interested Witnesses

• The Supreme Court has highlighted that the relationship alone should not discredit the statements of interested witnesses, provided there is sufficient corroboration.
• Interested witnesses, especially relatives of victims, seek justice and their testimony should be considered with care.

UK and India: Credibility of related & interested witnesses - comparative overview

• Development of Law of Evidence in the UK in the Nineteenth Century:
  • During the 19th century, significant advancements in the UK legal system allowed interested witnesses to provide testimony in trials.
  • The issue of the credibility of such testimonies arose, leading to varied interpretations by different courts.
• New York Court of Appeals' Perspective:
  • The New York Court of Appeals stated that a witness's 'interest' alone could cast doubt on the truthfulness of their testimony.
  • This viewpoint was upheld by other Court of Appeals, aligning with the evolving jurisprudence in the UK.
• Elwood vs. Western Union Telegraph Case:
  • In this case, it was held that a witness's interest in the case's subject matter could undermine the credibility of their evidence.
• Hull vs. Littanuer Case:
  • Contrary to previous rulings, this case established an exception where the conclusiveness of evidence by an interested witness should not be dismissed unless deemed incredible by the courts.
  • It emphasized that if a party's evidence remains uncontradicted, logical, and not surprising, it should be considered conclusive.
• Comparison between UK and India:
  • The laws concerning the credibility of related and interested witnesses are similar in India and the UK.
  • India's legal system, based on common law principles, mirrors many English common law concepts.

Suggestions & Conclusion

• The credibility and acceptability of evidence given by witnesses rely on the truthfulness of their statements, rather than their relationship or motives.
• Judicial attitude towards victim justice significantly influences the credibility of witness evidence.
• Due care and caution should be taken when evaluating evidence from related and interested witnesses to avoid witness harassment and ensure accurate appreciation of testimony.