Truth On Trial: Hostile Witnesses and Undertrial Prisoners in India

Abstract

The legal structure governing undertrial detainees in India is essentially based on the rights guaranteed by the Constitution, as well as several statutory measures designed to ensure justice and legal help for individuals awaiting trial. The Indian Evidence Act of 1872 established the notion of hostile witnesses and the legal framework under which they are treated in India. This legislation marked a watershed moment in the formation of India's legal system, as it was enacted during British colonial authority to simplify the intricacies of evidentiary processes that were previously governed by local conventions and traditions. The issue of hostile witnesses is more than just courtroom evidence; it underscores broader issues about witness safety and the viability of India's judicial system. The appearance of a hostile witness can significantly impair the prosecution's case, especially if the witness' evidence is critical to determining guilt. A hostile witness may be viewed as untrustworthy, prompting the court to question the credibility of their claims and thus damaging the prosecution's case. In contrast, for the defense, a hostile witness might bring both obstacles and possibilities. While the defense may struggle to obtain cooperative testimony, they might use the witness' antagonism to undermine their credibility and the prosecution's account of events. Overcrowding is a prevalent issue in Indian prisons, with occupancy rates frequently exceeding official capacity. According to recent data from the National Crime Records Bureau (NCRB), India's jails are 118% overcrowded, with facilities housing more criminals than anticipated. Overcrowding is especially prevalent in areas such as Uttar Pradesh, Maharashtra, and Bihar. Such situations exacerbate inmate tensions, deplete resources, and jeopardize security, sanitation, and health standards.