In a case where the court isn’t entirely certain about the relation between the witness and the victim, the court is entitled to analyze the evidence at hand with scrutiny to determine whether a realistic value exists. There is also no set standard to identify whether a said reaction of the witness would make the testimony irrelevant. Ram Naik, it was held by the Supreme Court that evidence which is given by an eye witness cannot be ignored without scrutinizing it with proper cautions. This does not extend to minor variations. If the statements given by the eye witness are consistent with that of other witnesses, then it will be taken into consideration. It helps in building a strong case at court. They help to deliver reasonable and fair justice to the aggrieved party. What is the importance of an eyewitness?Įye witnesses are of particular importance during trial procedures. If the entirety of a case is dependent on a sole eyewitness, then a single identification by the eye witness will be enough to sustain the conviction. Being identified by an eyewitness can make or break a case. Section 118 of the Indian Evidence Act also states that, “All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.”Īn insane or intoxicated person cannot testify in the court even if he or she was the sole eyewitness of the incident. State of Karnataka, a witness is defined to be a person who has the ability to provide information which is reliable either in written or in oral form. It isa fundamental right under Article 21 of the Indian Constitution. Right to fair trial is a key facet in ensuring justice. An eyewitness’ statement is a part of the oral statement which has been defined in Section 3 of the Indian Evidence Act. An eyewitness must be competent to appear and testify in court. Oral evidence is susceptible to be weakened by documentary evidence.Īn eyewitness is a person who witnesses the act, fact or transaction and testifies to it.The Witness Protection Scheme, 2018 was finalized to ensure the safety and protection of the life of witnesses.Eye witnesses are essential in the trial procedures as they help to deliver a reasonable and fair justice to the aggrieved party.The testimony of an eye witness is a part of oral statements which has been defined in Section 3 of the Indian Evidence Act.
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