support in favour of prosecution side

Querist : Anonymous (Querist) 21 February 2010 This query is : Resolved
What action can be taken against the decline witness collected in U/s161 Crpc.

If the witness decline as per U/s 161 Crpc then what action can be taken against the I.O. because How far his inquiry report is correct and reliable.

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Raj Kumar Makkad (Expert) 22 February 2010
No action can be taken against such hostile witness nor against IO as per Indian law, however, recently SC has taken a hard view against such matters. Such matters are increasing day by day wherein for various reason, the witnesses become hostile and whole judicial system becomes a mockery. Hence a full proof solution is required to tackle this problem.

Sarvesh Kumar Sharma Advocate (Expert) 22 February 2010
if d witness is hostile dn prosicution can cross .

Sarvesh Kumar Sharma Advocate (Expert) 22 February 2010
if d witness is hostile dn prosicution can cross by that witness.

Guest (Expert) 23 February 2010
i agree with learned experts....
I would add:-
if witness turned hostlie in the cross examination... then prosecution has right to agin cross examine him after declared him hostile and ask him which version is correct... i.e. evidence in examination in chief or evidence given in cross examination.... n no doubt one evidence is false.... then the concerning judge/magistrate can take steps against him under section 340 Cr.P.C. for giving false evidence in court... for the offence under section 193 I.P.C.

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