Term Paper on

HOSTILE WITNESS(PERJURY)

Submitted in Partial Submission of

LL.M. (Master of Laws) 1 year Course 2016-17

Submitted to: Submitted by:

Dr. Geeta Joshi Gautam Singla
Professor, Dept of Laws 1212/16, LL.M. 1 year
Course
Panjab University Dept of Laws, PU, Chd.
 Certificate

It is certified that undersigned has prepared his Term paper for LL. M 1 st Semester on

the topic

HOSTILE WITNESS(PERJURY)

in partial fulfillment of LL.M 1 Year Course . The work is authentic and has not been

submitted in partial or full fulfillment of any course or degree at this University or any other

University. The undersigned has prepared the term paper as per the requisite format and

pattern advised by the organization. The work is up to mark for evaluation for the standard of

LL.M course.

Signature of
Supervisor
Gautam Singla Dr. Geeta Joshi
1212/16, LL.M. 1 year Course Professor, Dept of
Laws
Dept of Laws, PU, CHD Panjab University, CHD
 Acknowledgement
I have put sincere efforts in this project. However, it would not have been possible
without the kind support and help of many individuals and organizations. I would like to
extend my sincere thanks and profound gratitude towards all those people who played
instrumental role in completion of this term paper.

It gives me immense pleasure in acknowledging Professor (Dr.) Geeta Joshi for giving
me invaluable opportunity to proceed on such an interesting topic. I sincerely thank her for all
the support, encouragement and constant supervision at all stages of preparation of the term
paper. Her experience and mentorship has been paramount in conclusion of this term paper.

I am obliged to the Staff at library of Department of Laws, Panjab University always

assisting me in every possible manner in my endeavours.

I am indebted to my many colleagues and friends who willingly helped me with all
their abilities in completion of this work.

And last but not the least, I thank the Almighty, my parents, brother and sister for their
constant encouragement without which completion of this assignment would not have been
possible.

Gautam Singla
 Table of Cases

1. Sat Pal V. Delhi Administration

2. Gura Singh V. State of Rajasthan

3. Tahsildar Singh V. State of U.P.

4. State of U.P. V. Singhara Singh

5. K. Karunakaran v TV Eachara Warner

6. KTMS Mohd. V UOI
7. State of Gujrat v Hemang Prameshrai Desai

8. Narmada Shankar v Dan Pal Singh

9. Re : Suo Moto Proceedings

10. KTMS Mohd. V UOI

11. Jotish Chandra v State of Bihar

12. Ma.SgJeivsRtr,OHC

13. The Case of Jeffrey Archer

14. Best Bakery Case

15. TheCasocfJiLl

16. Phoolan Devi Case

17. BMW Hit and Run Case
18. Prof. Sabharwals Case
19. Swaran Singh v. State of Punjab
20. Surinder Singh v. State of Haryana
21. Mahila Vinod Kumari v. State of Madhya Pradesh
22. Syed Akbar V. State of Karnataka
23. Balu Sonba Shinde v. State of Maharashtra
24. Krishan & others v. State of Haryana
25. Amrik Singh v. State of Haryana

Index
Sr. No. Particulars Page
1. INTRODUCTION 1
2. HOSTILE WITNESS: MEANING AND 1-4
NATURE
3. CONCEPT OF HOSTILE WITNESS 4
UNDER INDIAN LAW
4. Code of Criminal Procedure, 1973 5-6
 5. The Evidential Value of Statement 6

Recorded Under Section 164

6. Indian Evidence Act, 1872 6-8

7. Indian Penal Code, 1860 & The 8-9

Offence of Perjury
8. Perjury: A critical appraisal of Indian 9-10
law
9. 10
Perjury: Judicial Approach
Punishment for false evidence

10. Prosecution for Contempt of Lawful 11

Authority of Public Servants, for

Offences against Public Justice and

for Offences relating to documents

given in Evidence
11. Procedure in the cases mentioned in 11-12

section 195 Indian Penal Code, 1860

12. Using Evidence known to be False 12

13. False Statement made in declaration, 12

which is by Law receivable as

Evidence
14. Perjury: Judicial Approach 12-16

15. HOSTILE WITNESS: Recent Judicial 16-23

Pronouncements
16. FACTORS RESPONSIBLE FOR 23-28
 WITNESSES TURNING HOSTILE
17. HOSTILE WITNESS: Proposed 28-29

Legislative Remedies
18. Amendment in the Existing Law 29

19. Amendment to Section 161 and 29-30

Section 162 Cr.P.C.

20. 30
Amendment to Section 164 Cr.P.C.

21. Stringent Implementation of Section 30-31

311 of the Cr.P.C.
22. Contradiction of the witness as 31
envisaged in section 145 of
Evidence Act
23. Speedy Trials / No Frequent 31-32
Adjournments
24. Evidence Recorded U/Section 32
164(5), Cr.P.C Should Be Given
Substantive Value
25. Reforming the process of 32
investigation
26. Enactment of a Comprehensive 32-33

Witness Protection Legislation

27. EVIDENTARY VALUE OF STATEMENTS 33-35
GIVEN BY A HOSTILE WITNESS

28. ADVANCES IN LAW RELATING TO 35-36

WITNESS PROTECTION
 Bibliography

1. Chandrachud, Y.V., Ratanlal and Dhirajlal's Code of Criminal Procedure, Wadhwa and
Company Nagpur, New Delhi, 15th Edition ,2002
2. Kelkar, R.V., Lectures on Criminal Procedure, Eastern Book Company, Lucnow, 1998
3. K.D. Gaur, Textbook on the Indian Penal Code, 4 th Edition, Universal Publication.
4. Gaur, Criminal Law, criminology & Criminal Administration.
5. Rattan Lal & Dhiraj Lal , The Law of Evidence, 20 th Ed., Nagpur : Wadhwa &
Company, 2004
6. http://dictionary.law.com
7. http://en.wikipedia.org
8. http://www.legalserviceindia.com
9. http://www.lawinfo.com