A Brief Comparative Study Of Analysing Hostile Witnesses USA And India Via Domestic Violence Cases In India.
Year: 2024
Type: article
Abstract: The traditional notarise, inherited from the old legal system of British rule, establish procedures for presenting witnesses in court. However, this system presents challenges when a witness is summoned by court becomes hostile and provides testimony favourable to the opposing side. This situation complicates the court's task of determining the case's outcome, as it must assess the reliability of such testimony. While courts follow procedural rules in these instances, the reliability of evidence may vary due to the lack of dependable testimony. Determining whether a witness is hostile or simply providing unfavourable answers, or is not aware of the ramifications of their responses, poses A complicated question for judges. It is within the judge's discretion to accept or reject evidence in such cases. Hostile behaviour from witnesses can arise at various stages of a trial, presenting a need for protective measures not adequately addressed in Indian law. A "no drop" policy shifts prosecutorial discretion from victims to prosecutors, prioritizing societal safety over individual victim preferences in criminal prosecutions. This paper talks about the rules of evidence are used in judicial proceedings to assess the credibility of hostile witnesses and ensure justice is served.
Author: Jasdeep kaur
Institution: Amity University Jaipur
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4403275658