Emperor Vs. Reed

witness - public prosecutor, whether bound to call false witness. - buckland, j.1. i know of no authority, nor has any been advanced for the proposition that it is the duty of the public prosecutor to call a witness who he has reason to believe would give false evidence. in stating my opinion i cannot do better than adopt the language of a former chief justice of the high court at allahabad when be said in queen-empress v. durga 16 a. 84 : a.w.n. (1894) 7 : 8 ind. dec. (n.s.) 55. (f.b.): 'it cannot be the duty of a public prosecutor acting on behalf of the government and the country to call or put into the witness box for cross-examination a witness whom be believes to be a false or unnecessary witness.' the learned standing counsel has refused to call mr. grant on the ground that he believes him to be a false witness. in the former trial mr, grant was called by the court and cross examined by both sides. he was not examined as a witness for the crown, in which case other considerations would have arisen, and in the circumstances i decline to interfere.