Dropped Prosecution Witness Defence Can Use Them Says Supreme Court 090

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Title:
👉 Dropped Prosecution Witness Defence Can Use Them Says Supreme Court
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🔹 Why this Topic Matters?
In Indian criminal trials, witnesses are the backbone of truth. But what if the Prosecution drops a material witness? Is it the end of the road for the accused? Absolutely not. The Supreme Court of India has clearly said that even a Dropped Prosecution Witness can be turned into a weapon of defence. A Dropped Prosecution Witness is also called a Discharged Prosecution Witness.
This video by Indian Legal System explains how the law, sections, and landmark judgments empower the Defence to utilize such situations strategically.
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⚖️ Key Legal Provisions Every Viewer Must Know
• Sec. 349 BNSS (old Sec. 311 CrPC) → Court can summon any witness at any stage for a just decision.
• Sec. 119(g) BSA (old Sec. 114(g) Evidence Act) → Court can draw adverse inference if Prosecution withholds material evidence.
• Sec. 354 BNSS (old Sec. 233 CrPC) → Defence has the right to summon witnesses, even those listed in the Prosecution’s list.
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📚 Landmark Supreme Court Judgments
The Supreme Court has time and again safeguarded the rights of the accused:
✅ Hem Raj v. State of Haryana (2005) 10 SCC 614
👉 Non-examination of a key eyewitness without justification creates serious doubt on the Prosecution story.
✅ Rajesh Yadav v. State of U.P. (2022) 11 SCC 578
👉 Injured/material witnesses must be produced; failure to do so weakens the Prosecution case.
✅ Sunder Lal v. State of U.P. (SLP Crl. 10756/2023, decided 2 Feb 2024)
👉 Defence can summon a Prosecution-listed witness if Prosecution avoids producing them.
✅ K.P. Tamilmaran v. State (SLP Crl. 1522/2023, decided April 2025)
👉 Fair trial requires all relevant witnesses to appear; Courts can call them as Court Witnesses.
✅ Takhaji Hiraji v. Thakore Kubersing (2001) 6 SCC 145
👉 Withholding a material witness allows Courts to draw adverse inference against Prosecution.
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🛡️ How Defence Can Use This in Court?
• 📌 File written applications → Request Court to summon dropped eyewitness (Sec. 349 BNSS).
• 📌 Summon as Defence Witness → Even if Prosecution does not call them (Sec. 354 BNSS).
• 📌 Cross-examine the IO → Why was the witness not produced? Where are the summons reports?
• 📌 Invoke adverse inference → Argue that hiding the witness shows weakness in Prosecution’s story.
• 📌 Final Argument Strategy → Present dropped witness issue as a decisive defence weapon.
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🔥 Why This Video is a Must-Watch?
• ✅ Simple Hindi + English explanation for easy understanding.
• ✅ Authentic legal references from Supreme Court judgments.
• ✅ Practical defence strategy tips for lawyers, law students & accused persons.
• ✅ Step-by-step courtroom application of each section.
• ✅ Unique insights from Indian Legal System, trusted by thousands for legal strategies.
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🌐 Keywords That Make This Video SEO Powerful
• Dropped Prosecution Witness
• Supreme Court India 2025
• Defence Rights in Criminal Trials
• BNSS 2023 / CrPC 311, 233
• BSA 2023 / Evidence Act 114(g)
• Fair Trial Article 21
• Criminal Defence Strategy India
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📌 About Indian Legal System
Indian Legal System (ILS) is a team of advocates with decades of courtroom experience. We specialize in:
• Intensive cross-examinations 🎯
• Defence strategies for POCSO, 307 IPC, Arms Act, NI Act, etc. ⚖️
• Consultation notes, final arguments & Supreme Court judgment blogs 📚
• Educating lawyers and clients through videos, blogs & training modules 🎥
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🚀 Closing Note
A Dropped Prosecution Witness is not the end of the Defence – it can be the beginning of your strongest strategy. As the Supreme Court says, truth must be brought before the Court. Defence can and must use every legal tool to turn silence into testimony.
👉 Don’t miss this powerful breakdown. Watch the full video and empower yourself with real courtroom strategies.



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