Defination of Independent Witness under Evidence Act

[Anonymous]

Can complainant and all witnesses be from same Department and well-known to each other ?

[Dr. Ashok Dhamija]

The expression “independent witness” is not defined in the Evidence Act, 1872. In fact, even the word “witness” is not defined in the Evidence Act.

In the case of M.P. Sharma v. Satish Chandra, 1954 SCR 1077 : AIR 1954 SC 300 : 1954 Cri LJ 865, with regard to the meaning of the expression “be a witness” used in Article 20(3) of the Constitution of India, an 8-judge Constitution bench of the Supreme Court observed as under:

“…The phrase used in Article 20(3) is “to be a witness”. A person can “be a witness” not merely by giving oral evidence but also by producing documents or making intelligible gestures as in the case of a dumb witness (See Section 119 of the Evidence Act) or the like. “To be a witness” is nothing more than “to furnish evidence” and such evidence can be furnished through the lips or by production of a thing or of a document or in other modes. So far as production of documents is concerned, no doubt Section 139 of the Evidence Act says that a person producing document on summons is not a witness. But that section is meant to regulate the right of cross-examination. It is not a guide to the connotation of the word “witness”, which must be understood in its natural sense i.e. as referring to a person who furnishes evidence.”

Therefore, a person who furnishes evidence of some type is a “witness”. Whether a “witness” is an “independent witness”, depends on the facts and circumstances of each case. Basically, an independent witness would mean a witness who is not interested in the outcome or success of the case. Generally speaking, if a person is not closely related or associated with a party in a case, and does not have any interest in the success or failure of the case, then he may be termed as an independent witness. However, it will ultimately depend on the facts of a case as to whether a witness is independent or not.

Moreover, to prove a case, it is not necessary that there should always be independent witnesses in a case. There have been a large number of cases where cases have resulted in conviction even though there was no independent witness.

In fact, Section 134 of the Evidence Act clearly implies that even a single witness may be sufficient to prove the case:

“134. Number of witnesses.—No particular number of witnesses shall in any case be required for the proof of any fact.”

Recently, in the case of Sadhu Saran Singh v. State of U.P., (2016) 4 SCC 357, the Supreme Court held as under:

“29. As far as the non-examination of any other independent witness is concerned, there is no doubt that the prosecution has not been able to produce any independent witness. But, the prosecution case cannot be doubted on this ground alone. In these days, civilised people are generally insensitive to come forward to give any statement in respect of any criminal offence. Unless it is inevitable, people normally keep away from the court as they find it distressing and stressful. Though this kind of human behaviour is indeed unfortunate, but it is a normal phenomena. We cannot ignore this handicap of the investigating agency in discharging their duty. We cannot derail the entire case on the mere ground of absence of independent witness as long as the evidence of the eyewitness, though interested, is trustworthy.”

Therefore, as the Supreme Court held, an entire case cannot be thrown out on the mere ground of absence of independent witness as long as the evidence of the eyewitness, though interested, is trustworthy.

Your question is whether it is possible to have complainant and all witnesses from same department and well-known to each other. The answer is “yes”. It is possible. However, whether such witnesses are reliable and trustworthy, will depend on the facts and circumstances of the case.

     

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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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