Hostile Witness, Impeaching Credit & Privilege — KSLU Bsa Notes

Hostile Witness, Impeaching Credit & Privilege

A party is not bound by every word of the witness it calls. Under S.157 (← IEA S.154) the court may, in its discretion, permit the party who calls a witness to put cross-examination-type questions to him — i.e. to treat him as a hostile witness when he resiles from his earlier version or suppresses the truth. Declaring a witness hostile does not efface his evidence; the trustworthy, corroborated part may still be relied on (Sat Paul v. Delhi Administration). The credit of a witness may be impeached (S.158, ← IEA S.155) by independent evidence of unworthiness, by proof of bribery, or by former inconsistent statements.

Privileged communications are protected from disclosure: communications during marriage (S.128); affairs of State / official records (S.129–130); professional communications between a lawyer and client (S.132–134, ← IEA S.126); and the rule that a witness is not excused from answering a relevant question merely because the answer would incriminate him, though such compelled answers cannot be used against him (subject to safeguards). A judge or magistrate (S.135) cannot be compelled to answer questions as to his own conduct in court except by special order.