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Supreme Court of India· 14 October 2025

Does declaring a prosecution witness hostile under Section 154 of the Indian Evidence Act, 1872 mean his evidence can no longer be relied upon at all?

Shivkumar @ Baleshwar Yadav v. State of Chhattisgarh
CRIMINAL APPEAL NO.4502 OF 2025 · CRIMINAL APPEAL NO.4502 OF 2025
Coram: K. V. Viswanathan; B.V. Nagarathna
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Answer

No — being declared hostile does not completely efface a witness's evidence; the evidence remains admissible, and there is no legal bar to basing a conviction on it if it is corroborated by other reliable evidence on the record.

Headnote

Indian Evidence Act, 1872 — s.154 — Hostile witness — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s.3(2)(v), s.8(c) — Presumption of knowledge of caste — Indian Evidence Act, 1872 — s.154 — Declaring a witness hostile — Only in special cases — Held: A small or insignificant omission from an earlier statement is not enough to declare a witness hostile; there must be material to show the witness bears hostile animus or is not speaking the truth. Being declared hostile does not completely efface a witness's evidence, and a conviction may still rest on such testimony if it is corroborated by other reliable evidence on the record. (¶9, 12) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s.3(2)(v), s.8(c) — Presumption of knowledge of caste — Conviction affirmed — Held further: Under Section 8(c) of the Amendment Act, 2015, personal knowledge of the victim or the victim's family raises a presumption that the accused was aware of the victim's caste, unless the contrary is proved. Where such acquaintance stood established and nothing was brought on record to rebut the presumption, Section 3(2)(v) of the Act stood attracted, and finding no good reason to interfere with the concurrent conviction, the appeal was dismissed. (¶23, 24, 26)

In the Court's own words
Paragraph 12It is also clear from the above judgments that merely because a witness is declared hostile does not make him unreliable. As held in Bhagwan Singh Vs. State of Haryana[^3].
Acts & Sections
s.3(2)(v), s.8(c) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989s.4 Protection of Children from Sexual Offences Act, 2012ss.363, 366, 376, 506 Indian Penal Code, 1860s.154 Indian Evidence Act, 1872s.164 Code of Criminal Procedure, 1973

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Also decided in this judgment
Under Section 154 of the Indian Evidence Act, 1872, on what basis can a court permit the prosecution to cross-examine its own witness by declaring the witness hostile?Under Section 8(c) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, what is presumed about an accused's knowledge of a victim's caste, and how can that presumption be displaced?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections