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Types of witnesses: Mr. Manmohan Sharma, Advocate

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The video begins by distinguishing between an eyewitness and a hearsay account, defining an eyewitness as someone who has directly observed the event in question rather than relying on secondhand information. The speaker explains that historically, legal decrees were sometimes based solely on admissions where one person narrated what another had told them; however, modern law no longer accepts such indirect evidence unless it constitutes a self-serving admission made by the party themselves. This shift ensures that only direct observations or specific types of confessions form the basis for judicial decisions, rendering older methods of relying purely on reported conversations ineffective in contemporary courts. A hostile witness is described as an individual whose current testimony contradicts their earlier statements or previous documents, but this discrepancy does not automatically invalidate their evidence if they can provide a valid explanation. The speaker notes that such gaps may arise because the witness was mistaken at the time of observation due to poor perception or incomplete knowledge, and now wishes to correct those errors by telling the truth as it is understood today. This distinction allows for the reconciliation of conflicting accounts when a witness clarifies why their initial testimony differed from reality, emphasizing that honesty in correcting past mistakes can still serve justice rather than undermining credibility. In contrast, an interested witness is defined as someone who has a personal stake in the outcome of either a prosecution or civil case and may therefore frame evidence to achieve a desired result rather than seeking absolute truth. Examples provided include individuals motivated by revenge who want a specific person punished for an event they witnessed, property buyers attempting to prove ownership at a low price through forged documents, or anyone else hoping for a false verdict that favors their interests. These witnesses are characterized not necessarily by lying outright but by presenting evidence selectively to ensure the case concludes in a way that benefits them personally, often preventing the full truth from emerging in court proceedings. The discussion concludes by reiterating these categories while acknowledging the complexity of hearsay and its limitations within modern legal frameworks compared to past practices where such indirect accounts were more readily accepted. The speaker emphasizes that understanding the motivations behind witness testimony—whether based on direct observation, correction of errors, or personal interest—is crucial for evaluating evidence accurately in court. Ultimately, the video serves as an educational overview helping viewers recognize how different types of witnesses operate within the legal system and why courts must scrutinize their testimonies carefully to avoid being misled by biased or indirect accounts that do not reflect reality.
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Uh What is the difference between eyewitness, hearsay, hostile witness, interested witness? >> Eyewitness is one who has actually witnessed the event and has not heard from it. Hearsay is what somebody has told you, you have heard it. You see what people used to do, they used to get their case decreed on the basis of admission. Before evidence, they used to uh narrate the entire case to a person, and the person said that he said this to me. So, on the basis of admission, the decree was given. Now, it is said that only admission which is self-harming, that can only be self- uh helping with admission cannot be there. So, that those kind of things fell flat on their foot. Hostile witness is who is differing from what he had earlier said. But, he can always explain that at that time he was wrong, his perception was wrong, or his knowledge of event was wrong. Now, he is telling the correct thing, or he did not properly observe at that time. So, he can explain the gaps in his evidence, departure from a previous statement, but uh or from a previous document. And interested witness is who is interested in the result of a prosecution or a civil case. That this should happen in this way, that he wants that X should be punished for the event. So, he will frame the entire evidence against X. So, he is an interested witness. Or maybe I have purchased a property from somebody at a throwaway price, and I'm going to give evidence in the court that he is the owner. Uh or I have I I am going to prove these documents which are forged. These all are interested witness who don't want the truth to come out, but they want a false result of a case. They are all interested witnesses. A false result of a case in favor of a particular person. So, they are interested witnesses. Or hearsay witness come over here and say just like I say hearsay. I got so many. That's all. I will hear say okay.