A Brief Comparative Study Of Analysing Hostile Witnesses USA And India Via Domestic Violence Cases In India.

  • Jasdeep kaur
  • Dr Anumeet Kaur
  • Dr Rajni Malhotra Dhingra
Keywords: Hostile witnesses, domestic violence, intimate violence, delayed justice

Abstract

The traditional notarise, inherited from the old legal system of British rule, establish procedures for presenting witnesses in court. However, this system presents challenges when a witness is summoned by court becomes hostile and provides testimony favourable to the opposing side. This situation complicates the court's task of determining the case's outcome, as it must assess the reliability of such testimony. While courts follow procedural rules in these instances, the reliability of evidence may vary due to the lack of dependable testimony. Determining whether a witness is hostile or simply providing unfavourable answers, or is not aware of the ramifications of their responses, poses A complicated question for judges. It is within the judge's discretion to accept or reject evidence in such cases. Hostile behaviour from witnesses can arise at various stages of a trial, presenting a need for protective measures not adequately addressed in Indian law. A "no drop" policy shifts prosecutorial discretion from victims to prosecutors, prioritizing societal safety over individual victim preferences in criminal prosecutions. This paper talks about the rules of evidence are used in judicial proceedings to assess the credibility of hostile witnesses and ensure justice is served.

Author Biographies

Jasdeep kaur

Phd law candidate at Amity law School Amity university Jaipur Rajasthan India,

Dr Anumeet Kaur

Assistant Professor, Department of Law Forensic Justice and Policy Studies, NFSU, Delhi Campus.

Dr Rajni Malhotra Dhingra

Professor, Director school of law , Maharaja Agrasen Institute of Management Studies New Delhi.

Published
2024-10-08
How to Cite
Jasdeep kaur, Dr Anumeet Kaur, & Dr Rajni Malhotra Dhingra. (2024). A Brief Comparative Study Of Analysing Hostile Witnesses USA And India Via Domestic Violence Cases In India. Revista Electronica De Veterinaria, 25(1), 2312-2317. https://doi.org/10.69980/redvet.v25i1.1061
Section
Articles