Witnesses are the backbone of criminal justice, converting facts into proof. From experts to child victims, hostile approvers to digital custodians, each plays a vital role under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) and the new criminal laws (effective 1 July 2024). This article examines their classification, credibility, corroboration requirements, and protection under Indian law, enriched by landmark cases and comparative insights from the US (Daubert), UK (special measures), and ICC (anonymity), highlighting the evolving, humane face of modern evidence.
- Fact Witness / Eyewitness
Oral evidence (Sections 54–55, BSA) requires witnesses to testify only to facts directly perceived through senses—sight, hearing, etc.—ensuring authenticity, reliability, and exclusion of indirect or hearsay statements.
In Ramanand Yadav v. Prabhu Nath Jha (2003) 10 SCC 55, the Supreme Court held that conviction can be based solely on credible and trustworthy eyewitness testimony even without corroboration.
- Expert Witness
Expert opinion (Sections 39–45 BSA) allows specialists—like forensic pathologists, ballistics experts, DNA analysts, handwriting or cyber-forensic experts—to provide authoritative views on scientific, technical, or medical matters.
In State of H.P. v. Jai Lal (1999) 7 SCC 280, the Supreme Court held that expert evidence is only advisory in nature and must be accepted by courts only when it is well-reasoned, scientifically reliable, and consistent with other evidence on record.
- Competent Witness
Section 124 BSA recognizes all persons as competent witnesses unless unable to comprehend or respond rationally. In Rameshwar v. State of Rajasthan (1952), the Supreme Court validated child testimony, emphasizing reliability over age, ensuring inclusivity across vulnerable groups.
- Child Witness
A child witness (Section 124 BSA) who understands questions and gives rational answers may testify without oath, after a judge’s voir dire. Corroboration is desirable but not mandatory. In Rameshwar v. State of Rajasthan, Dattu Ramrao Sakhare, and Om Prakash, courts upheld child testimony. For example, a nine-year-old girl’s clear answers led to conviction. Today, under the POCSO Act, children testify via video in child-friendly courts with support persons, ensuring safety and sensitivity in justice delivery.
- Dumb/Deaf-Mute Witness
A person who cannot speak or hear can testify using signs, writing, gestures, or electronic devices. An interpreter may help. Section 125 BSA allows this. Courts accept such evidence if clear and reliable. Example: A mute eyewitness writes or signs what she saw during the robbery.
In State of Rajasthan v. Darshan Singh (2012) 5 SCC 789, the Supreme Court held that a deaf-mute witness is a competent witness and their evidence, whether given through writing, gestures, or an interpreter, is admissible and can form the basis of conviction if found reliable.
- Hostile/Adverse Witness
A hostile witness (Section 163 BSA) is a witness who, after being called by a party, deliberately gives false answers, suppresses the truth, contradicts his earlier statement, refuses to answer, or gives evasive answers adverse to the case of the party who called him.
Under Section 157 BSA, a hostile witness may be cross-examined by the calling party. Courts retain credible portions of testimony, discarding only unreliable parts. Sat Paul v. Delhi Administration and G.S. Walia v. State affirm that a court can rely on the evidence of a hostile witness if it is credible and corroborated, thereby ensuring justice despite witness hostility.
- Prosecution Witness (PW)
A prosecution witness (victim, eyewitness, police officer, doctor, etc.) is called by the State to prove the charges against the accused. Their testimony forms the backbone of the prosecution case. Courts examine them carefully but give no automatic preference.
In Sunil Kumar v. State of Punjab (2003) 11 SCC 367, the Supreme Court held that the testimony of a prosecution witness is not to be accepted as gospel truth merely because the State produced them and must be tested on credibility and reliability like any other evidence.
- Defence Witness (DW)
A witness produced by the accused to support innocence or create doubt (alibi witness, character witness, etc.) is called Defense Witness. Rajaram v. State of Rajasthan (2005) 9 SCC 347 holds that defence witnesses deserve equal scrutiny and weight as prosecution witnesses.
- Interested / Related Witness
An interested/related witness is a witness with personal stake, like family of victim or deceased. Courts do not reject their evidence merely due to relationship but scrutinise it cautiously.
In Dalip Singh v. State of Punjab (AIR 1953 SC 364) and State of Punjab v. Sucha Singh (2018) 15 SCC 401, the Supreme Court held that evidence of an interested witness (e.g., murdered man’s brother identifying the killer) is not to be discarded merely for relationship, but can be acted upon if found natural, credible and corroborated by other evidence.
- Independent Witness
A neutral person with no relation or interest in the case (e.g., stranger or shopkeeper). Courts give their testimony higher credibility than relatives or police-linked witnesses. A passer-by who saw the robbery and has no connection with victim or accused is an independent witness.
In Ramesh Harijan v. State of U.P. (2012) 5 SCC 777, the Supreme Court held that the evidence of an independent witness carries greater probative value as they have no vested interest in the outcome, and their testimony can significantly strengthen the prosecution case if found credible.
- Chance Witness
Chance witness is a witness who happens to be at the crime scene by chance, not naturally expected there. Supreme Court in Rana Pratap v. State of Haryana (1983) 3 SCC 327 held their evidence requires cautious scrutiny but cannot be discarded merely for being chance witnesses.
- Circumstantial Witness
Circumstantial evidence is indirect evidence (motive, last-seen, conduct, recovery) forming a complete unbroken chain pointing solely to the accused’s guilt (Section 7, BSA). In Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116, the Supreme Court convicted the accused solely on circumstantial evidence because the complete chain (motive + last-seen + letters + false defence) unerringly pointed only to his guilt and ruled out any other hypothesis.
- Recovery / Panch Witness
A recovery/panch witness is an independent person who witnesses police recovery of incriminating articles (weapon, body, etc.) pursuant to the accused’s disclosure statement under Section 23(2) BSA. Courts require such recovery to be credible and duly proved. State of U.P. v. Deoman Upadhyaya (AIR 1960 SC 1125) held that recovery of incriminating articles under Section 27 of the Evidence Act (now Section 23(2) BSA) is admissible only to the extent it distinctly relates to the accused’s disclosure statement, provided the recovery is credible and properly proved through independent panch witnesses.
- Accomplice & Approver (Pardoned Witness)
An accomplice who turns approver is granted pardon under Section 343/345 BNSS and testifies for the prosecution. Under Section 138 BSA he is a competent witness, but Section 119 Illustration (b) BSA requires his evidence to be corroborated in material particulars.
Kashmira Singh v. State of Punjab (AIR 1952 SC 159) held that the evidence of an approver (pardoned accomplice) under Section 138 read with Illustration (b) to Section 119 BSA is admissible but requires corroboration in material particulars by independent evidence before it can be safely acted upon.
- Stock / Habitual Witness
Courts treat a “Stock or Habitual Witness”—often professional witnesses or police touts—with grave suspicion due to concerns about their credibility and impartiality. State of U.P. v. Sukhbasi (AIR 1985 SC 1224) held that a “stock witness” who habitually appears for police in multiple cases is an unreliable and partisan witness whose evidence must be scrutinized with utmost caution and ordinarily cannot be accepted without strong independent corroboration.
- Investigating Officer as Witness
Investigating Officer (IO) is the police officer who conducts investigation and testifies about fair probe, proper seizure, chain of custody and compliance with law; his evidence is vital and credible if corroborated (Shivaji Sahabrao Bobade v. State of Maharashtra (1973) 2 SCC 793). Example: IO explains sealing and dispatch of murder weapon to FSL without tampering.
- Digital / Electronic Evidence Witnesses
Electronic Evidence Witness certifies authenticity of digital records (CCTV, WhatsApp, emails) or explains metadata/IP logs. Under Section 59 BSA, certificate is not always mandatory; oral testimony or circumstantial evidence suffices (Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473 overruled in part by Arjun Panditrao Khotkar v. Kailash Kushanrao Goray (2020) 7 SCC 1; reaffirmed in Thomas v. State of Kerala (2024)). Example: Bank employee orally proves ATM CCTV showing accused without certificate, supported by timestamp and logs, leading to conviction. (89 words)
- Vulnerable & Protected Witness
The Supreme Court in Mahender Chawla v. Union of India (2019) 14 SCC 615 directed all States and Union Territories to implement the Witness Protection Scheme, 2018. This scheme is now statutorily recognised and enforceable under Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which deals with protection of witnesses and victims.
Example: A 16-year-old rape survivor testifies from another room via video while her counsellor sits beside her, and police guard her family 24/7.
- Character Witness (Section 53-55 BSA)
Character Witness gives evidence about the accused’s good or bad nature. Used during bail, sentencing, or to counter character attacks. Example: Neighbours testify “He is honest and peaceful” to help get bail. Leading Case: State of U.P. v. Mohammad Iqram (2011) 12 SCC 474 — the Supreme Court held that evidence of good character may support the defence, but by itself cannot outweigh strong prosecution evidence of guilt.
- Exceptions to the Rule against Hearsay (not “Hearsay Witness”)
Hearsay is normally inadmissible (Section 60 BSA), but exceptions include Res Gestae (Section 4), Dying Declaration (Section 26), business records, and public documents.
Example of Res Gestae
A woman bursts out screaming, “He’s stabbing me!” while being attacked. Neighbours hear it live. Her words are admissible as res gestae (Section 4 BSA) — spontaneous and part of the crime itself, not hearsay.
Real case-like situation: In Rattan Singh v. State of H.P., the victim’s cry “Don’t kill me” heard at the exact moment of attack was accepted as res gestae evidence.
Dying Declaration Example
A man set on fire shouts, “My wife poured kerosene and lit the match!” He dies soon after. His last statement is admissible as dying declaration under Section 26 BSA — even without corroboration if the court finds it truthful.
Classic Case: Pakala Narayana Swami v. Emperor (1939) PC – “I am going, my wife poisoned me” – accepted and led to conviction.
Indian Landmark: Kushal Rao v. State of Bombay (1958) SCR 552 – laid down the rule: dying declaration can be the sole basis of conviction if voluntary and reliable.
Business Records & Public Documents
Statements in regular business records (Section 27 BSA) and entries in public/official records (Section 28 BSA) are admissible even if the maker is not called. Leading case: Mukesh Singh v. State (2020) 9 SCC 107 – hospital records accepted without doctor’s oral evidence.
- Comparative Global Practices on Witnesses
USA: Expert testimony is admitted only if scientifically reliable under Daubert (federal/most states) or Frye standard. “Deal witnesses” (cooperating accused) testify via plea bargains for reduced sentences.
Example: Drug dealer turns state witness against gang leader to avoid prison.
UK (England & Wales): Hostile witnesses can be cross-examined by the calling party (Criminal Justice Act 2003). Vulnerable witnesses (children, sexual offence victims) get “special measures” – video links, screens, intermediaries, or support dogs.
Example: 12-year-old rape victim testifies via live video link, shielded from the accused.
ICC & International Tribunals:
The ICC and international tribunals provide the highest level of victim/witness protection under Rules 87–88, including anonymity, voice distortion, relocation, and remote testimony, especially for survivors of war crimes, genocide, and sexual violence. Example: A rape survivor in a conflict zone testifies with complete identity concealment to shield her family from retaliation. These measures, alongside US scientific reliability (Daubert), UK vulnerability safeguards, and plea-bargain cooperation, prioritise protection, credibility, and life-saving anonymity in global justice.
Conclusion
Witnesses remain the living heartbeat of justice under the Bharatiya Sakshya Adhiniyam, 2023—whether child, hostile, approver, panch, investigating officer, or digital-evidence witness, each plays an indispensable, deeply human role in weaving the tapestry of truth. While the BSA defines few categories and leaves most to judicial evolution, the ultimate judicial mandate is clear: scrutinise cautiously, corroborate where required, protect dignity, and ensure fairness—so that justice is not only done, but seen to be done with integrity and constitutional fidelity.
