WHAT HAPPENS IS ANY PERSON REJECTS FROM ITS STATEMENT GIVEN IN THE COURT OR GIVES FALSE STATEMENT IN THE COURT? WHAT IS HOSTILE WITNESS?

Mostly there are many matters in which the Counsel recommends the court to take action against such witness who rejects from its statement given in the court. So everyone has to know that what happens if the witness rejects its statement given in the court.

WHAT IS HOSTILE WITNESS?
A Hostile Witness is a witness at trial whose direct examination appears to be contrary to the legal position of the party who called the witness. Hostile Witness is the witness who doesn’t support the statement of Police in the court.

In the court if any person after taking an oath gives the false statement, then there is a provision to punish such witnesses by the court. Police can make any person a public witness if during the investigation they found that the statement of such person is important for the court. With the willingness of witness Police records the statement of such witness under CRPC Sec. 161. Under Sec. 161 of CRPC there is no provision of taking signature of witness on the statement. But if police recovers anything in front of any witness, then signatures of witness is required on Recovery Memo. If police have any doubt for the witness that later on he can change from its statement, then such witness’s statement is recorded under sec. 164 of CRPC in front of Magistrate. It is not easy to change its statement given under sec. 164 of CRPC in front of magistrate. But the statement given by the witness in Trial Court is only valid whether this statement is different from the statement given under sec. 161 & 164 of CRPC. If it seems to the Court that person is speaking truth in its statement and such statement is different from statement given under sec.161, 164 of CRPC, even then such statement is valid in the eyes of court. And if court feels that the witness after talking the oath is giving false statement in the court, then court can give recommendation to take action against such witness.

PUNISHMENT FOR GIVING FALSE EVIDENCE IN THE COURT?

If any witness changes from its statement given to the police and to the Magistrate, such witness is known as hostile witness. If any public witness changes from its statement, then the Public Prosecutor attempts to know the truth from that witness by cross examine the witness. Court in these situations tries to know that which witnesses which are giving the false statement in the court and under Sec. 340 of CRPC the court registers complaint against such witnesses. Such hostile witnesses are trial under IPC Sec. 193 and under this sec. the maximum punishment for this offence is Imprisonment for seven years.

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