How many types of witnesses are there for giving evidence?

2. Kinds of witness
&
Rules for giving evidences
Presented by:
LEKASRI C
MKU

3. Contents:
• Witness definition
• Kinds of witness
• Rules for giving evidence

4. Witness-Definition
• Witness is a person who
witnesses any act or series of
acts or a scene taking place. A
witness may be any person
who has the ability to
perceive a fact through his
senses. A competent witness
may perceive any act from his
eyes or ears or smell or
sensation or touch or any
other reasonable mode.
• As per section 118 of the Indian
Evidence Act, a competent
witness is one who has the
capacity and ability to understand
the questions put to him by the
court. If he has the understanding
of questions and the ability to give
rational answers, then he is a
competent witness.

5. Types-
Interested Witness
Chance Witness
Stock Witness
Expert witness
Prosecution & defence
witness
Eye Witness
Official Witness
Related Witness
Hostile witness
Dumb witness

6. Interested witness
• An interested witness is a
person who wants the
accused to be behind bars
for the crime he
committed. Any person
may be an interested
witness like a friend of the
prosecution, or any other
person who wants the
culprit to be punished.
• For example, A is a family doctor of
B. B is a person who has committed
so many crimes but never caught in
the hands of the law. And A for the
reason of being doctor always
treated B for illness and injuries.
Now for a crime, B is tried in court.
Here A can be an interested witness
as to previous acts of B, which shall
prove that he is a habitual offender.
A is an interested witness here. He
has no link or ties with the case but
wants the culprit to be punished.

7. Chance witness
• Any person who, by
coincidence or chance, is
present at the scene of a
crime or is passing by the
scene of a crime is called a
chance witness. If such a
person gives testimony in
court, he is treated as a
chance witness.
• For example, A and B, renowned
businessmen are making a deal of drugs
in an old house where no one resides or
generally visits. C, a news reporter,
passing through that lane, was once told
about the meetings taking place there.
So he reached there for a general
inspection. As soon as C reaches there,
he saw that A is holding a gun against B
and kills B. Here, C is a chance witness. C
was not supposed to be there, but by
chance, he reaches there and witnesses
the crime scene.

8. Stock witness
• The word stock means something which
is stored or kept in for future use as per
the availability. Stock witness is a person
who remains at the backfoot of police
and comes in front as per directions of
police. Their testimony is not very
reliable, and the court always opts not to
stand on his testimony. Such witnesses
are highly disfavored by the judges.
• It is the court’s duty not to rely on or
consider the testimony of a stock
witness. The court must make possible
attempts to sustain the prosecution case
on other pieces of evidence, excluding
stock witness evidence.
• For example, A works for the police as a
witness to the crime. If a crime takes
place and the police or prosecution does
not have any strong witness to support
their case, then the police may invite A
for giving testimony in favour of
prosecution that he saw accused
committing a crime or any other
testimony against the accused. Such
kinds of witnesses are generally
prosecution favored witnesses, and
judges do not consider much to such
stock witness

9. Eye witness
• For example, A is a shopkeeper and
sits in his shop till 12 midnight. One
day B and his brothers in a feeling of
revenge reach C’s place. B and his
brothers push C out from his house
and beat him very badly. In some
time, C’s head starts bleeding.
Looking at it, B and his brothers ran
away from the place, leaving C on
the floor. Here, A, a shopkeeper, is
an eye witness who saw the crime
taking place and can give testimony
against B in court.
• Eyewitness testimony is
the account a bystander
or victim gives in the
courtroom, describing
what that person
observed that occurred
during the specific
incident under
investigation.

10. Official witness
• When a person from the police force gives
testimony in the court of law, it is an official
witness. It is termed an official witness
because a person on duty gives evidence in
favour of the prosecution. It is said that
evidence of the police witness should not
be discarded merely because a person
belongs to the police force, and therefore
he can be biased towards prosecution in
making the case strong. His credibility
cannot be doubted in this manner.
• The court must scrutinize the witness
strictly in accordance with the law, and if
his testimony corroborates with the other
pieces of evidence, then it is no harm in
accepting it. If the official witness is
trustworthy and credible, there is no reason
for denial.
• For example, A, a respectable
police officer on night duty, saw a
drunk man running towards a
lane. A follows that man. The
moment A reaches there, he saw
that a drunk man has attacked his
wife with a knife and wife is lying
down on the ground. Here A can
be an official witness, and his
testimony can be relied on if
corroborated with other pieces of
evidence after strict scrutiny.

11. Prosecution & defence
witness
• Prosecution witness –
Any witness who has
been brought into the
court to testify by the
prosecution while
supporting their
claims.
• Defence witness – Any
person who justifies the
contentions of the
defence by providing
such statements that can
discharge the accused
from any charges filed.

12. Other types-
• Hostile witness – Any person
who by his consequent
statements gives out an
impression of not letting out the
truth or not desirous of hiding
the truth.
• Child witness – A child who has
the understanding of the
questions of the court or has the
rational answers to the
questions put forward can
testify in a court as per section
118 of Indian Evidence
• Dumb witness – Any person who
is not capable of giving oral
statements can be allowed to
provide statements in written
declaratory form in the court.
Such written statements shall be
deemed as oral evidence.
• Accomplice witness – Any
person who was connected to
the crime in its illegal
commission or omission
provides the statements in the
court.

13. Rules for giving evidence
• Oath-In a judicial
proceeding, the witness is
liable to speak the truth
only after taking an oath. If
any witness lies in a
judicial proceeding after
taking an oath for speaking
the truth, then it is itself an
offense under the Indian
Penal Code, 1872.
• There are three Stages
of Examination of
Witness, Examination-
in-chief, Cross-
Examination and Re-
examination.

14. Rules....
• There are four Rules of
Evidence; Validity,
Sufficiency, Authenticity
and Currency. The Rules of
Evidence are very closely
related to the Principles of
Assessment and highlight
the important factors
around evidence
collection.
• Any question suggesting the
answer which the person
putting it wishes or expects to
receive is called a leading
question. 142. Leading
questions must not, if objected
to by the adverse party be
asked in an examination-in-
chief, or in a re-examination,
except with the permission of
the Court.

15. Rules....
• Leading questions can only be asked during cross-examination and not during
examination-in-chief or re-examination unless and until the court allows.
• When giving your evidence:
• take your time, speak slowly and clearly
• ask for the question to be repeated if you do not understand it or cannot hear
• if you are not sure of the answer, say so
• you can ask the judge for guidance
• talk to the judge (or jury if there is one) when giving your evidence
• Reference-Principles of forensic medicine& toxicology (Rajesh Bardale)
• The essentials of forensic medicine & toxicology (Dr.K.S.Narayan Reddy)

16. Thank You🙏
Reference-Principles of forensic medicine&
toxicology (Rajesh Bardale)
The essentials of forensic medicine & toxicology
(Dr.K.S.Narayan Reddy)