Home | Legal Advice | Criminal Law | Can a person who is convicted for 7 years in jail be a witness to any crime?

Can a person who is convicted for 7 years in jail be a witness to any crime?

Shivendra Pratap Singh

Advocate

02/06/2021

Reading Time:

Question: I want to produce a convicted person as a witness in the criminal trial. He has been in prison for three years. That person is the prosecution witness in a robbery case. Can a convicted person undergoing sentence for seven years be a witness in another criminal case? I want the court to call him as a witness.

Question from: New Delhi

Section 118 of the Indian Evidence Act states that any person can be a witness. Witnesses must be capable of understanding the question and give a rational answer to that question. Mental condition of the witness is the most important thing. He may be a handicapped such as deaf or dumb. If he can assist the court and testify himself then he is a competent witness. 

Convicted person can be a competent witness

The court first tests the veracity of witnesses. If the court, after putting some questions to the witness, finds that he is reliable and will state the truth then the court will allow him to depose himself as a witness. Conviction does not harm the truthfulness or veracity of a witness. 

The court takes utmost care while taking the evidence of a convicted person. If the evidence of a convicted person is corroborating with other evidence or his evidence seems trustworthy the court will not deny his statement. In Veerappan vs State [2005] the Supreme Court has held that “It is the duty of the court to carefully examine and scrutinise the evidence.”

Inherent defects in statement of convicted person

Criminals are very shrewd people. He can depose the false statement very cleverly and mislead the court. Some convicted people have no fear of imprisonment or sentence hence, they depose false evidence. These are the inherent defects in admitting evidence of a convicted person. 

Reliability of convicted witness

If a witness is reliable and states the truth, the court does not reject his evidence. The witness states what he saw, heard or perceived by senses any information related to the offence. If that information is relevant and admissible under law then witnesses can depose that evidence. It does not matter that the witness is a reputed person of the society or a convicted criminal. 

Status of witness is immaterial. His reliability and ability to state the truth is more significant. Hence, a convicted person can be a witness in a criminal trial. The court will admit his evidence if it seems true and relevant. The Indian Evidence Act does not bar a convicted person to appear as a witness of fact.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Prosecution sanctioned not in three months is it valid? 

Question: Prosecution sanction by competent authority is granted after lapse of stipulated period mandated and specified under Section 19 of the P. C. amendment act 2018. Prosecution sanctioned not in three months is it valid?  Whether the sanction is valid or...

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CDR?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54