Credibility of Eyewitness Testimony

12 January, 2024

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Introduction

The criminal justice system of India is designed to ensure justice and fairness to the innocent considering a witness as an important type of evidence that shape the outcome of legal proceedings. In Indian law, a witness is categorized as an eyewitness, prosecution witness, character witness, dumb witness, false witness, interested witness, chance witness, expert witness, and many more. Eyewitness testimony in some cases may be crucial in providing first-hand accounts but there are certain factors that affect the credibility of the witness which are discussed in this article.

Who is an eyewitness under the Indian Legal System?

In Indian law, eyewitness testimony is given considerable weight by the juries and is considered a vital element in establishing the truth. It can provide direct evidence of the events that occurred and help to maintain fairness in the justice delivery system. As per Section 118 of the Indian Evidence Act, 1872, every individual is competent as well as has the right to testify in court unless he/she is released due to their disability. It reads, “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.” Moreover, Section 135 of the Act illustrates the order of production and examination of witnesses stating that “the order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the direction of the Court.”

The statements given by the witnesses need to be recorded so that they can be used as evidence during the criminal proceedings. All these statements are recorded as per Section 164, ‘Recording of confessions and statements’ of the Code of Criminal Procedure, 1973. Moreover, the order in which the witnesses should be examined is mentioned under Section 138 of the Indian Evidence Act, 1872. It states “Witnesses shall be first examined-in-chief, then cross-examined, then re-examined…” Examination-in-chief is defined as the witness examination by the party who calls him, cross-examination is known as the witness examination by the adverse party, and re-examination is defined as the witness examination “subsequent to the cross-examination by the party who called him”.

Importance of Eyewitness Testimony

In the judicial system, eyewitness testimony plays an important role in the trial procedure for maintaining justice. In all criminal trials, it is necessary to reconstruct facts from past events to determine the fate of the accused. The details of such events are provided by the eyewitness which helps in reconstructing the incident. This type of testimony can be particularly influential when there is a lack of other supporting evidence or when it contradicts other evidence, offering a unique perspective on the events in question. Even though eyewitness testimony plays a crucial role in the judicial process, certain factors reduce its reliability. Let us discuss some of those drawbacks.

Factors Affecting the Credibility of Eyewitnesses

Various factors affect the reliability or credibility of eyewitnesses which are discussed as follows:

Environment: The conditions under which an event occurs can significantly impact an eyewitness’s ability to observe and recall details accurately. Factors such as distance, obstructions, poor lighting, and distractions can hinder accurate perception and memory. Any individual either a victim or not suffers from stress and mental trauma due to which accuracy of observation reduces.
Fear of Harassment: This fear can arise from stress, social stigmatization, intimidation, or threats impacting their statements during the investigation or trial proceedings.
Human memory: The premise that eyewitness testimony can be considered a reliable form of evidence is rooted in the understanding that the human brain is proficient at capturing and retrieving information about events. But the human memory can be fallible and factors such as fear, trauma, stress, and passage of time can affect the ability of an eyewitness to accurately perceive and retain information. This further leads to the wrong identification and misinterpretation of the accused.
Lineup Procedure: In some cases, lineup procedures may be flawed, leading to misidentifications affecting the accuracy and reliability of eyewitness identification. Factors such as improper instructions, biased lineup composition, suggestive behavior by law enforcement, or the absence of a "filler" lineup (individuals who closely resemble the suspect) can influence the witness's selection. Biased or suggestive lineup procedures can lead to false identifications, potentially resulting in wrongful convictions.
Hostile Witness: A hostile witness exhibits an unfriendly or uncooperative attitude during the interview, they intentionally provide false or misleading information. Hostile witnesses can arise due to fear of consequences, personal biases, protect the accused or self, or intimidation. As the testimony of hostile witnesses lacks reliability and truthfulness; therefore, their credibility may be compromised.
Delay in Legal Proceedings: It can have a detrimental impact on the accuracy and reliability of eyewitness testimony. As time passes between the actual testimony and the witnessed event, memory decay can occur. Additionally, delays can lead to the introduction of external factors that can influence memory, such as media coverage, discussions with others, or exposure to additional information. Such influences can compromise the reliability and credibility of eyewitness testimony, as memories may become contaminated or altered.
Leading Questions: How questions are posed to eyewitness affect their recollection making false connections in their mind. Suggestive techniques and leading questions used during the investigation can inadvertently influence the memory of eyewitnesses leading to unreliable or inaccurate testimony.

Related Case Laws

Daya Singh vs. State of Haryana (February 20, 2001)
Vikas Kumar Roorkewal vs. State of Uttarakhan & Ors. (January 11, 2011)
Madhu @ Madhuranatha & Anr vs State Of Karnataka (November 28, 2013)
Rava Saheb vs. State of Karnataka (March 16, 2023)

Conclusion

The significance of eyewitnesses cannot be undermined as their role in providing a first-hand account of events is crucial for legal proceedings. Even with a fresh memory human recollection is dependent on multiple factors but to get the most credible information from a true witness judiciary must design the witness examination process in such a way that most can be made out of the witness's memory. States must ensure that the witness feels safe for himself and his family when he comes to provide his contribution in delivering justice.