At the time when the Central Bureau of Investigation (CBI) [or Anti-Corruption Bureau (ACB) of a state] wants to catch a public servant red-handed while demanding and accepting a bribe by laying a trap, such agency calls two independent witnesses (also called “panch witnesses”). One of these witnesses is sent along with the complainant (from whom bribe has been demanded by the public servant) to witness the transaction of demand and acceptance of bribe by the public servant so that such public servant could be caught red-handed while accepting such bribe. Such independent witness is sometimes called “shadow witness” since he goes with the complainant like a “shadow” to witness the bribe-taking.
Evidence of the shadow witness is quite important in view of the fact that he may be the only independent witness to the transaction of the demand and acceptance of bribe (complainant may generally be considered to be an interested witness, since he has an interest in seeing that the public servant is caught taking bribe).
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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