Author(s): Vaibhav Kartikeya Agrawal

Abstract: The Code of Criminal Procedure (hereinafter 'CrPC') provides procedure for investigation, inquiry and trial of a criminal case. Section 135 of CrPC provides provisions on examination, cross-examination and re-examination of witnesses. When a witness resiles from the version of the counsel who calls him, section 157 of CrPC provides the safeguard of hostile witness. This paper endeavours to state the provisions for taking evidence of a hostile witness, the effect of hostility of witnesses in a criminal trial, the circumstances which tend to make a witness turn hostile, and the judicial precedents to curb the evil of hostility of witnesses. It further states the significance of section 145 of the Evidence Act and the initiatives taken by the legislature to ensure fair trial.

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