Principle

EVIDENCE LAW — Presumptions — Section 149(d) of Evidence Act — Withholding of Evidence Distinguished from Failure to Call Particular Witness

Area of law
EVIDENCE LAW
Court
Supreme Court

Section 149(d) refers to evidence, not witnesses. The prosecution may choose its witnesses. The principle applies to criminal trials. Adverse inference does not arise from failing to call a particular witness. The rule respects prosecutorial discretion. The principle is well-established.

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