TASK:- TYPES OF WITNESSES

WITNESS:

Witness is a person who witnesses any act or series of acts or a scene taking place. A witness
may be any person who has the ability to perceive a fact through his senses. A competent
witness may perceive any act from his eyes or ears or smell or sensation or touch or any other
reasonable mode.
As per section 118 of the Indian Evidence Act, a competent witness is one who has the
capacity and ability to understand the questions put to him by the court. If he has the
understanding of questions and the ability to give rational answers, then he is a competent
witness.
Any person can be a witness. There’s no restriction as to who can be a witness. A person,
either male or female, a child or aged, can be a witness. The only restriction is that if a person
does not understand the questions and is not able to answer rationally, then he is not a
competent witness.

LIST OF TYPES OF WITNESSES:

CIVIL CASES CRIMINAL CASES MATRIMONIAL POSH CASES

CASES (ANONYMOUS
WITNESSES)
Eye witness Eye witness Fact witness Eye witness
Official witness Official witness Official witness Official witness
Expert witness Expert witness Expert witness Expert witness
Character witness Character witness Character witness Related witness
Interested witness Interested witness Unbiased witness Interested witness
Chance witness Chance witness Material witness
Related witness Related witness
Material witness Material witness
Child witness Child witness
 Accomplice witness Accomplice witness
Plaintiff witness Prosecution witness

TYPES OF WITNESS:
Important types of witnesses are:

1. Interested Witness  Any person who wants the accused to be behind bars for the
crime he committed. Any person may be an interested witness like a friend of the
prosecution, or any other person who wants the culprit to be punished.
 In civil cases, parties involved may call interested witnesses to support their
claims or defences.
 In criminal cases, individuals with a personal interest in the outcome of the
case.
 An interested witness, in the context of POSH proceedings, could be someone
with a personal or professional interest in the outcome of the proceedings. For
example, a co-worker who directly interacts with the parties involved might be
considered an interested witness.

2. Chance Witness  Any person who, by coincidence or chance, is present at the scene
of a crime or is passing by the scene of a crime is called a chance witness. If such a
person gives testimony in court, he is treated as a chance witness.

3. Eye Witness  A person who, from his eyes, witnesses any act or scene of the crime,
is an eye witness to that offence. An eye witness may be any person like a stranger or
relative or any other person. From the perspective of evidence, an eye witness is an
important evidence in solving a case. It is generally said that anything can betray but
not the eyes. The evidence of an "eye-witness" must be about the facts, i.e., what they
actually saw, rather than any assumptions they have made from what they saw.
 Eye witnesses may be called in civil and criminal cases to testify about what
they saw and provide first-hand accounts of relevant incidents.
  In POSH proceedings, if there were individuals who directly observed
incidents or behaviour related to a sexual harassment complaint, they may be
considered eye witnesses.

4. Expert witness  Any person can be called as an "expert witness" by either side in a
case about something that is outside the ordinary knowledge of the judge or jury. For
example, a handwriting expert or a doctor to give an opinion on something that is
relevant to the case. The opinion of expert witness is accepted as evidence because
they are an expert on the subject and because the court does not have the knowledge
or expertise to form a reliable opinion on the facts.
 Expert witnesses in civil and criminal cases may provide opinions or
interpretations of evidence that require their specialized expertise.
 In matrimonial proceedings, expert witnesses with specialized knowledge in
relevant fields, such as child psychology, financial matters, or forensic
accounting, may be called to provide expert opinions on specific issues. For
example, a child custody evaluator may act as an expert witness to assess the
best interests of the child.
 In POSH proceedings, depending on the complexity of the case, expert
witnesses with expertise in relevant fields, such as workplace behaviour,
psychology, or human resources, may be called to provide expert opinions.

5. Character witness  Any person can be called as a character witness in certain

situations, including;
 To give evidence about the good character of the accused in a criminal case.
The purpose of witness’s evidence is to show that the accused is less likely to
have committed the offence because they are a person of good character. To
give evidence about the good character of a person who has already been
convicted of a criminal offence. The purpose of witness’s evidence is to help
the judge decide which sentence to impose.
 To give evidence about the good or bad character of a person in a civil trial if
that person's character is an important issue in the case. For example, in a
defamation case if a newspaper stated that someone was a liar, you may be
 called to give evidence about an incident you saw that shows that the person in
question was dishonest.
 In matrimonial case, these witnesses testify about the general character and
reputation of a party involved in the matrimonial proceedings. Character
witnesses may be called for example, to provide insight into an individual's
behaviour, morality, or fitness as a parent, etc.

6. Official Witness  When a person from the police gives testimony in the court of
law, it is an official witness. It is termed an official witness because a person on duty
gives evidence in favour of the prosecution. It is said that evidence of the police
witness should not be discarded merely because a person belongs to the police force,
and therefore he can be biased towards prosecution in making the case strong. His
credibility cannot be doubted in this manner. The court must scrutinize the witness
strictly in accordance with the law, and if his testimony corroborates with the other
pieces of evidence, then it is no harm in accepting it. If the official witness is
trustworthy and credible, there is no reason for denial.
 In civil and criminal cases, this refers to witnesses who are official
representatives of a government agency or organization. For example, a
government official or expert who can testify about regulatory compliance or
standards may be called as an official witness.
 In matrimonial proceedings, official witnesses may include professionals such
as counsellors, therapists, or social workers who have been officially involved
in the case or provided services to the parties. Their testimony may be relevant
to issues such as counselling efforts, mental health, or parenting assessments.
 In POSH proceedings, official witnesses could include individuals in the
workplace who have an official role, such as HR professionals, supervisors, or
managers. They may have knowledge of the organization's policies and
procedures related to sexual harassment.

7. Related Witness  If a person to be a witness in court is a relative of the person who

called him to be produced as a witness, is related witness. When a person is related to
a person, his statement shall not be discarded or rejected due to the reason that he is
his relative, and he may be biased in the case. It should not be presumed that a related
 witness will always favour his relative and not the truth. If, after strict scrutiny, a
related witness seems to be trustworthy and credible of giving testimony, then his
evidence must be appreciated in court.
 Related witnesses in civil and criminal cases may include family members,
friends, or business associates who can provide relevant information.
 In POSH proceedings, individuals with a relationship to the parties involved,
either personally or professionally, may be called as related witnesses if they
have information pertinent to the case.

8. Material Witness  The witness who talks related to the critical facts or related
issues in the suit or prosecution is known as a material witness. A material witness is
an observer in connection to the subject form of the litigation and it doesn’t signify
medium about parties.
 Individuals who are connected to the affair in civil matters, needed to be
brought as witnesses after all the analysis of those witnesses is compulsory.
Non-fulfilment to analyzing material witnesses in civil cases, hamper the
conditions of success of parties.
 Material witnesses have information that is crucial to proving or disproving
elements of the alleged crime. Non-successful in analyzing the material
witness by the pursuit in criminal cases might turn out in clear acquittal of the
accused.
 In POSH proceedings, witnesses with direct knowledge of incidents or
behaviours central to a sexual harassment complaint could be considered
material witnesses.

9. Child witness  If a child has the intellectual capacity to grant reasonable testimony
relating to any case and the court is satisfied with his statement, then that evidence
shall be considered. Any child can testify in court within a reasonable sound.
 Child witnesses may be called in civil cases, especially in family law matters
or cases involving issues directly affecting children.
 Children who may have witnessed or have information about a crime may be
called in criminal cases. Special considerations and protections are often given
to child witnesses to ensure their well-being during legal proceedings.
 10. Accomplice witness  Any person who was connected to the crime in its illegal
commission or omission provides the statements in the court.
 Accomplice witnesses may be called to provide testimony in civil cases if their
knowledge is relevant to the issues in dispute.
 Individuals who may have been involved in the commission of the alleged
crime and can provide testimony against the accused may be called in criminal
cases. They may have made a deal with the prosecution in exchange for
cooperation.

11. Prosecution witness  Any witness who has been brought into the court to testify by
the prosecution while supporting their claims. In criminal cases, prosecution witnesses
may include victims, law enforcement officers, experts, and any other individuals
with relevant information that supports the charges brought by the government. They
help establish the elements of the alleged crime and contribute to proving the
defendant's guilt.

12. Plaintiff witness  In civil cases, the plaintiff may call witnesses to provide evidence
in support of their claims. These witnesses may include individuals who can testify
about the events giving rise to the lawsuit, the extent of damages, or other relevant
aspects of the case.

13. Fact witness  Fact witnesses have direct knowledge of the events or circumstances
relevant to the matrimonial case. They may testify about specific incidents, actions, or
behaviour that are pertinent to the issues being addressed in the proceedings.

14. Unbiased witness  Ideally, all witnesses should strive to be unbiased and provide
testimony based on their honest recollection of facts. Unbiased witnesses are those
who do not have a significant interest in the outcome of the case and can provide
impartial information.

Therefore it can be concluded that, in each type of legal proceeding, witnesses play a crucial
role in presenting evidence, offering testimony, and contributing to the overall resolution of
the case. The specific types of witnesses involved depend on the nature of the case, the issues
in dispute, and the legal framework governing the proceedings.