October 13, 2014

Are trial court judges permitted to decide whether witness is lying or not on basis of his/her body language?

The answer is yes.

In legal language, this is called demeanour of witnesses.

On basis of demeanour (Body Language ) of witnesses, the trial court can write whether the witness is reliable or not.

The power of trial court judge to take into account demeanour of witnesses is recognised by Supreme Court in many judgements.

Haresh Raichura
13/10/14