
Case Law Analysis
|Gauhati High Court
Section 145 IEA | Accused May Cross-Examine Hostile Defence Witness Using Prior Police Statement: Gauhati HC
The Gauhati High Court has ruled that an accused can use a prior police statement to cross-examine a hostile witness even if that witness was called by the defence, not the prosecution. This clarifies that Section 145 applies irrespective of which party called the witness, strengthening the accused’s right to confront evidence and ensuring fair trial protections in criminal proceedings.