Therefore, a seminal question that begs consideration is as to why such witness cannot be prosecuted for perjury and why the investigating agency should not file proceedings under Sections 191 5 and 192 of the Penal Code 6?If the purity of criminal justice is to be maintained, it is necessary that the courts as also investigating agencies takes up the issue of witness turning hostile seriously. Thus, the entire edifice of criminal case falls to the ground if such witness on whose statement the entire evidence is collected turns hostile. Some of the witness who depose are eyewitness to the crime/offence. Most of the times during the course of cross-examination, the witness disowns his statements, makes contradictions or omissions which compels the prosecutor to declare the said witnesses as hostile.ģ. The witnesses who have given their statement under Section 161 CrPC 4 are called upon to depose in the court in support of their statements taken during the investigation. Based upon such statements and other materials, a charge-sheet is filed before the court and trial is proceeded. The investigating officer then proceeds to collect evidence in respect of commission of an offence and also records statement/s of the witnesses. The investigation of any offence starts on receipt of complaint regarding commission of an offence. One of the main reasons, for the rate of conviction being low can be attributed to the fact that the witness turns hostile during the trial.Ģ. The rate of conviction in our country is very minuscule as compared to the offences which are registered. Deliberately making false statements which are material to the case, and that too under oath, amounts to crime of perjury…. State of Gujarat 3 has succinctly elaborated the meaning of perjury in para 9, which reads as under:ĩ. However, the Supreme Court in Kishorbhai Gandubhai Pethani v. There is no definition of “perjury” either under the Penal Code, 1860 1 or for that matter the Criminal Procedure Code, 1973 2.
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