AI Overview...
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Witness Locus Standi - The term refers to the legal capacity or right of a witness to participate in or initiate proceedings in a case. Several cases clarify the scope of a witness's locus standi, including their ability to file petitions, transfer applications, or challenge orders.
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Locus Standi to File Petitions - Generally, witnesses do not have the standing to file petitions for case transfers or to seek deterrent punishments, as their role is primarily to testify rather than to initiate or influence proceedings (02100058562). However, in specific contexts, such as moving a transfer application under Section 407 of Cr.P.C., witnesses like Krishna Devi have been recognized to possess locus standi (02500012026). Similarly, an eye-witness has been held to have the locus to prefer revisions or challenge certain orders, owing to their direct involvement and knowledge of the occurrence (02500044918).
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Court's Power under Section 311 Cr.P.C. - The Court has wide powers to summon or examine witnesses suo motu if necessary for justice, even if the witness was not initially examined (02300061483). This underscores the Court's broad discretion to ensure a fair trial.
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Witnesses Challenging Orders - Witnesses have been permitted to challenge transfer orders or other procedural irregularities if they can demonstrate prejudice or irregularity affecting their testimony or participation (01100023701). However, third parties or mere witnesses generally lack the standing to challenge certain orders, such as orders granting pardon to juveniles or acquittals, unless they have a specific interest or legal standing (00900013045, 02100040688).
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Appeal and Revision by Witnesses - Generally, witnesses do not have the right to appeal or seek revision against acquittals or judgments solely on the basis of their status as witnesses, unless they have a direct legal interest or are parties to the proceedings (02100040688).
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Limitations on Witnesses' Standing - The law emphasizes that the primary role of witnesses is to testify, and their standing to initiate or challenge proceedings is limited and context-dependent. The concept of locus standi in criminal matters is thus nuanced, with courts carefully examining whether the witness has a direct interest or legal right to act.
Analysis and Conclusion: Witnesses' locus standi in criminal proceedings varies based on their role and the specific legal context. While they generally lack the capacity to initiate certain proceedings or challenge orders, exceptions exist—particularly when their participation is essential for justice, such as moving transfer applications or filing revisions as eye-witnesses. Courts exercise discretion under Sections 311 and 407 Cr.P.C. to ensure justice is served, sometimes allowing witnesses to participate beyond mere testimony. Overall, the main insight is that a witness's standing depends on their direct involvement, legal interest, and the specific procedural provisions invoked.
Search Results for "Witness Locus Standi"
2017 0 Supreme(P&H) 18 • India - Punjab and Haryana
AMOL RATTAN SINGH
Issues: Dismissal of application to summon witness, locus standi of the complainant, delay in filing the application (2013) 16 SCC 173, to submit that the powers conferred under Section 311 of the Cr.P.C. are wide enough for the Court itself to take notice of the fact that a necessary witness had not been examined, and to call for such witness. ... ... Consequently, the petitioner would produce the witness before the trial Court on the next date of hearing, i.e. 16.01.2017 and the tr....
1954 0 Supreme(Mad) 517 • India - Madras
SOMASUNDARAM
Criminal Trial - Practice -Complainant as witness if has locus standi for filing petition for awarding deterrent punishment when ... The complainant is only a witness. He has no locus standi, whatever interest he may have in the case, to file a petition of this nature and ask the Court to convert it into any other case. ... ... I must point out that the witness P.W. 2 has no locus standi in filing a petition of this nature, when th....
1987 0 Supreme(All) 248 • India - Allahabad
R.P.SHUKLA
A witness in a case has locus standi to move a transfer application under section 407, Cr. P. C. ... Krishna Devi, a witness in the case, had locus standi to move the transfer application. Ratio Decidendi: 1. ... . - PART HEARD CASE - JURISDICTION OF JUDGE - FRAMING OF CHARGES - RECORDING OF EVIDENCE - LOCUS STANDI OF WITNESS TO MOVE TRANSFER ... Krishna Devi had no locus standi to move the transf....
1999 0 Supreme(All) 1452 • India - Allahabad
B.K.SHARMA
CRIMINAL PROCEDURE CODE - SECTION 311 - SECTION 397 - SECTION 313 - WITNESS - DISCHARGE - LOCUS STANDI - REVISION - ACQUITTAL ... The Court observed that the revisionist had locus standi to prefer the revision as he was an eye-witness to the occurrence and the ... The High Court held that the revisionist had locus standi to prefer the revision as he was an eye-witness to the occurrence and the ... had enough locus ....
1998 0 Supreme(J&K) 184 • India - Jammu and Kashmir
G.L.RAINA
The revision petitioner is a witness simplicitor who was expected to state the truth about those circumstances of the case which were so to his knowledge. The prosecution witness in the case, instituted by the State, has no other locus. ... The trial Judge forwarded, with these observations, the prosecuting agency that any lapse in not keeping the remaining witness in attendance may lead to the closure of the evidence. ... The trial court, however, afforded vide the order dated 19-02-1998, the last and final opportunity for the production....
2002 0 Supreme(Cal) 385 • India - Calcutta
MALAY KUMAR BASU
JUVENILE JUSTICE ACT - SECTION 306/307 CRPC - PARDON - REVISION - LOCUS STANDI - APPROVAL - WITNESS: The Court held that the provisions ... Whether a co-accused has the locus standi to challenge an order granting pardon to a juvenile delinquent? 4. ... A co-accused does not have the locus standi to challenge an order granting pardon to a juvenile delinquent. 3. ... standi to challenge such an order on such a ground. ... Basu has also put into questio....
1967 0 Supreme(Del) 122 • India - Delhi
JAGJIT SINGH
STANDI OF WITNESS TO CHALLENGE TRANSFER ORDER - IRREGULARITY AND PREJUDICE CAUSED BY TRANSFER ORDER - SETTING ASIDE OF TRANSFER ... Whether the High Court had jurisdiction to entertain an application by a third party, i.e., a witness in the case, challenging the ... OF CRIMINAL PROCEDURE - NOTICE AND REASONS FOR TRANSFER - JURISDICTION OF HIGH COURT TO ENTERTAIN APPLICATION BY THIRD PARTY - LOCUS ... ... ( 17 ) ANOTHER contention raised by Shri Gurcharan Singh was that Madan Lal being a mere witness in....
2009 0 Supreme(Mad) 1239 • India - Madras
P.R.SHIVAKUMAR
standi of witness to file- In a police case, appeal would not lie against acquittal at the instance of the witness. ... ... No appeal by a witness shall lie against a judgment or order of ... acquitted him-Appeal by defacto complainant-Appeal admitted-Respondent pleaded non-maintainability of appeal against acquittal by a witness-Held ... One Ramachandra Rao was examined as the sole defence witness (D.W.1) and two documents were marked as Ex.D1 and Ex.D2 on the side of the accused. ......
2013 0 Supreme(Ker) 1085 • India - Kerala
MANJULA CHELLUR, K.VINOD CHANDRAN
Learned State Prosecutor submits, when the Public Prosecutor applies for withdrawal from Prosecution under Section 321 Cr.P.C, even a complainant or charge sheet witness has no locus standi in the exercise of discretion by the Public Prosecutor. ... The judgments relied upon so far as the locus standi indicates the following gist. The concept of locus standi is a concept available in the criminal jurisdiction, as punishment to the offender is in the interest of the so....
• India - Dishonour Of Cheque
ARUNABHA BASU
Revision against expungement—Dismissed—Section 482—Petition for quashing of revisional order—Held: Law does not allow evidence of any witness ... The object of criminal trial is to render public justice, to punish the criminal and to see that the trial is concluded expeditiously before the memory of the witness fades out. The recent trend is to delay the trial and threaten the witness or to win over the witness by promise or inducement. ... In this case as because there is substitution of authorised representative and as....
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