Amendment to allow hostile witness testimony

The government has proposed an amendment to the Evidence Act to allow testimony from individuals who may be hostile to a defendant or have conflicts of interest.

The proposed 71-page bill was submitted to Parliament today. It includes the repeal of several provisions in the existing law, including the section outlining circumstances under which certain evidence should not be accepted.

The current provision states that if a witness has a conflicting interest with the judge, or is hostile towards the judge, that person’s testimony shall not be taken in the case.

Lawyers who spoke to Dhauru said that repealing this provision would allow testimony from individuals who have conflicts of interest or enmity with the parties involved.

“Even if such evidence is accepted, the judge will determine the weight given to it based on whether supporting evidence exists,” a lawyer said.

The amendment also introduces a new article following Article 110(g) of the Act. It allows the fairness of a witness to be questioned during examination, cross-examination, or re-examination.

However, there is currently no standard procedure for assessing conflicts of interest or hostility in witnesses, either in the existing law or in the proposed amendment.

The bill also proposes repealing the provision related to the admissibility of a confession made by a terminally ill person regarding another’s rights. The existing article deems such statements valid.

If the repeal is approved, deathbed declarations and death certificates will no longer be accepted as valid evidence in court.