Need For Witness Protection Measure in India A Critical Analysis

Abstract

“The role of a witness is fundamental in the criminal justice system of any country. They are an indispensable aid in the justice dispensation system in any civilized society. By giving evidence relating to the commission of an offence they bring the criminal justice machinery into action. The inception of administration of justice is largely cantered upon witnesses coming forward and deposing without pressure or enticement before a Court of law. The very institution of the criminal justice system gets annihilated if witnesses are threatened and incapacitated from tendering substantive evidence to the Court. The criminal justice system must endeavour to accomplish the intricate balance of conflicting interests of the accused, the victim and the society. The necessity of fairness permeates in every practice and process of law. Due to this, the parties often threaten the witnesses, turning them hostile and interfering with the fair administration of justice. The main reason behind hostility is that the witness is threatened and being pressurized by the accused or his family members to offer testimony in his/her favour. This has turned to a miscarriage of justice. Therefore, there is a need to adopt a proper and effective witness protection policy in the country. Hence, it becomes very important to protect the witnesses so that they do not get intimidated or fear revealing the truth in court.” This paper discusses the concept of witness protection, and talks about programmes in other common law countries. Further it analyses witness protection in India, the reasons for failure and finally suggestions to improve it. Hence, an earnest attempt is made in this research to highlight the necessity and importance of effective witness protection measures, with a special thrust on criminal justice dispensation.