Witness: Definition and Meaning

A witness, usually can be seen in the witness box of the court; who is present there to testify or interpret the story that he or she has seen. A competent witness is one who has the capability and aptitude to comprehend the questions posed to him by the court, according to section 118 of the Indian Evidence Act. He is a competent witness if he can comprehend the questions and provide thoughtful responses.

Who is a Witness?

A "witness" refers to an individual who has observed an event, situation, or transaction and competent enough to provide all information that he or she witnessed. Witnesses play a crucial role in legal proceedings, such as trials and investigations, by providing testimony that can help establish the facts of a case. Their statements can contribute to determining the truth, validating claims, or uncovering details that might otherwise remain hidden. Witnesses are expected to provide honest and accurate accounts of what they have seen or experienced.

Types of Witnesses

Types of witnesses can be understood through the following sub-headings −

Interested Witness

A person who supports the accused's incarceration for the crime he committed is said to be an interested witness. Any person who wants the offender to be punished may be an interested witness, such as a friend of the prosecution. For instance, B's family physician is A. B is a criminal who has committed numerous offenses but has never been apprehended by the authorities.

And because A is a doctor, she always took care of B's ailments and wounds. B is now being tried in court for a crime. When it comes to B's prior actions, which will demonstrate that he is a habitual offender, A can be an interested witness. A is an attentive witness in this case.

Chance Witness

A chance witness is somebody who just so happens to be at the crime site or is nearby as the crime is taking place. In the event that such a person testifies in court, he is viewed as a chance witness. For instance, two well-known businessmen, A and B, are transacting in drugs in a dilapidated home that is rarely or never inhabited. A news reporter named C was once informed of the meetings taking place there when she was traveling through that alley. He went there to conduct a general inspection. As soon as C arrived, he noticed that A was pointing a gun at B and killed him. C is merely a bystander in this case. The presence of C was not intended,

Stock Witness

The definition of stock is something that is preserved or stored for possible future use. A stock witness is someone who follows police instructions and follows the police's back while moving forward. The court always decides not to rely on their testimony because it is not particularly dependable. The judges have a strong distaste for these witnesses. The court has an obligation to not rely on or take into account the testimony of a stock witness. The prosecution's case must be supported by other pieces of evidence, barring stock witness testimony, and the court must make all reasonable efforts to do so.

As an illustration, A is a witness to the crime who works for the police. If a crime is committed and neither the police nor the prosecution have any credible witnesses to back up their claims, the police may ask A to testify in favor of the prosecution that he witnessed the accused committing the crime or to provide additional evidence against the accused. Judges normally give little weight to these types of witnesses because they are typically prosecution favorites.

Eye Witness

A person is an eye witness to a crime if they see any act or scene of the crime with their own eyes. Any anyone, including a relative or stranger, is eligible to be an eye witness. An eye witness is crucial evidence in the case-solving process from the standpoint of the evidence. It is commonly believed that while anything can betray, the eyes cannot.

For instance, A, a shop owner, stays open till midnight. One day, B and his brothers travel to C's house feeling vindictive. After forcing C out of his home, B and his brothers severely assaulted him. C eventually experiences head bleeding. After taking a look at it, B and his brothers fled the scene, leaving C on the ground. Here, shopkeeper A was there when the crime was committed and is able to testify against B in court as a result.

Conclusion

In court, before a judge, an administrative tribunal, before a deposition officer, or in a number of other legal actions, a witness may be required to testify. A subpoena is a formal summons ordering someone to appear at a hearing. It is applied to compel a witness' testimony during a trial. In most cases, a judge, the attorney for the plaintiff or the defendant in a civil trial, the prosecution or the defense lawyer in a criminal case, or a government agency may issue one. It is required to comply with the subpoena in many countries and to either take an oath or solemnly affirm to testify truthfully under pain of perjury.

Frequently Asked Questions

Who is the legal witness?

A witness is a person who is present when an act, a sequence of acts, or a scene is occurring. Any person who is able to perceive a fact using their senses can be a witness.

Who can testify under Indian law?

The Indian Evidence Act,1872 (hereafter referred to as the Act) does not define the term "witness," but by reading the other provisions of the Act, it is clear that anyone who provides testimony in a court of law qualifies as a witness.

Can a judge testify?

It was decided that a judge in this situation could not decide impartially whether or not his own testimony was admissible. He won't be able to contrast his own testimony with other witnesses'. If he is required to testify, he will have to vacate the bench and forfeit his rights in order to serve as a witness in the case.

Can any witness be called in court?

A side may ask the court to call a witness, or the court may do so on its own. The witness is subject to cross-examination by either party.