BEST ADVOCATE IN DWARKA

TYPES OF WITNESS IN CRIMINAL MATTERS

Types of Witnesses in Criminal Cases

1. Eye Witness (Direct Witness)

Person who personally saw or heard the occurrence.

Considered most reliable if trustworthy.

Example: A person who saw a murder being committed.


2. Expert Witness

Provides opinion based on expertise (not personal knowledge).

Covered under Ss. 45–51 BSA.

Includes:

Doctors (postmortem, injury report)

Forensic experts (fingerprints, DNA, handwriting, cyber evidence)

Ballistics expert

Example: A doctor testifying about cause of death.


3. Hostile Witness

A witness who changes statement or gives testimony against the party that called him.

Can be cross-examined by the calling party.

Example: Prosecution witness suddenly supports the accused in court.


4. Child Witness

A minor giving testimony.

Admissible if court finds witness is of sufficient maturity and understands truth.

Example: A 10-year-old who saw a theft.


5. Interested Witness

Witness having personal interest in outcome of case (relative, friend, enemy).

Courts treat such testimony with caution.

Example: Victim’s brother testifying against accused.


6. Police Witness

Police officer who investigated the case.

Can testify about seizures, recovery, arrest, confessions before magistrate, etc.

Example: IO (Investigating Officer) describing recovery of weapon.


7. Independent Witness

A neutral person with no interest in outcome.

Considered highly reliable.

Example: A passerby who saw an accident.


8. Stock / Chance Witness

A person who happens to witness incident by chance, not intentionally present.

Example: A tea vendor witnessing a street fight.


9. Accomplice Witness (Approver)

A person involved in the crime but turns state witness (under pardon).

His evidence needs corroboration.

Example: Co-accused testifying against other criminals.


10. Panch / Mahazar Witness

Witness to seizure, search, recovery, panchnama.

Independent, but often controversial as police choose them.

Example: Shopkeeper signing seizure memo of narcotics.


11. Character Witness

Testifies about character of accused or victim.

Relevant in sentencing, defamation, matrimonial cases.

Example: Employer testifying about accused’s good conduct.


12. Summary Witness List

Type of WitnessRole / Example
Eye WitnessSaw/heard the crime directly
Expert WitnessDoctor, forensic, cyber expert
Hostile WitnessChanges statement in court
Child WitnessMinor but competent to testify
Interested WitnessRelative/friend with vested interest
Police WitnessInvestigating officer / seizure witness
Independent WitnessNeutral, unbiased witness
Chance WitnessPresent by coincidence
Accomplice / ApproverCo-accused turned state witness
Panch WitnessWitness to recovery/search/seizure
Character WitnessSpeaks about reputation of accused/victim

Key Point:
Courts value quality of witness, not quantity. Even one reliable witness is enough for conviction. (Illustrated in State of UP v. Krishna Master, SC).

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