Evidence Act Reform: Adverse Inference in Absence of Will to Testify
evidence du_llb beginner reform_ideaSo, have you guys noticed how Section 114-A of the Evidence Act says if someone is an absconder and their will to testify is in question, the court can draw adverse inferences? But what if the person is just hiding because they're scared of being a hostile witness? The provision doesn't give any weightage to the fact that the witness might be in danger or has genuine reasons to fear the other party. It's like the court is saying, 'You're not here, so we'll assume you're guilty.' This is super outdated, especially when you consider the cases of whistleblowers and activists who have to go into hiding for their own safety. In 2025, we need to rethink this provision and make it fair for everyone involved. Anyone else think this is a bad idea?
0 comments
0 Comments
Sign in to join the discussion.