Forensic Medicine · Medical Jurisprudence and BNS/BNSS/BSA Sections

During a murder trial, the prosecution's expert witness starts contradicting his own earlier statement recorded by the police and takes positions adverse to the prosecution. The prosecutor requests the court to declare him a hostile witness. Once so declared, what follows?

  • A His entire deposition is expunged from the record and carries no evidentiary value
  • B He is automatically prosecuted for contempt of court
  • C He becomes immune from further questioning and his earlier police statement alone is read out
  • D He may be cross-examined by the very party that called him, and leading questions may be put to him
Correct answer: D. He may be cross-examined by the very party that called him, and leading questions may be put to him

Explanation

Declaring a witness hostile permits the examining party to treat him as an adversary: he may be cross-examined by the side that originally called him, and leading questions become permissible, rights normally reserved for the opposing side. His deposition is not erased; portions consistent with prior statements can still support the case, and his previous statement may be used to contradict him. Contempt does not follow automatically from turning hostile, making option B incorrect.

Reference: The Essentials of Forensic Medicine and Toxicology, 35th ed.

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