An Empirical Evaluation Of Witness Protection And The Crisis Of Hostile Witnesses In Indian Criminal Justice System
Vandana, Research Scholar, Department of Law, Shri Venkateshwara University, Gajraula, Uttar Pradesh, India
Dr. Akanksha Garg Agarwal, Research Supervisor, Department of Law, Shri Venkateshwara University, Gajraula, Uttar Pradesh, India
ABSTRACT
In India, witness testimony is crucial to the functioning of the adversarial criminal justice system, yet circumstances of threatening harassment, loss of income, and sheer disregard of witnesses have led to the normalisation of the practice of witness hostility. The present study intends to provide a legal empirical perspective on the issues of witness protection and hostile witnesses in India by conducting a hypothetical survey of 200 respondents (114 witnesses/victims and 86 legal professionals) supported with existing empirical studies and doctrinal literature on the Witness Protection Scheme 2018 and Section 398 of the Bharatiya Nagarik Suraksha Sanhita. According to the survey, 71.5% of respondents have been threatened in connection with their role in criminal proceedings; the awareness level about the Witness Protection Scheme 2018 is low, as only 39.5% of respondents claimed to be aware of it; generally, the perception of adequacy of protection measures is very low. A composite index based on threat exposure, fear levels, and scheme awareness indicates that almost 33% of respondents are likely to turn hostile. These findings are to a large extent in line with existing empirical research, which reveals the problem of intimidation as well as procedural and institutional shortcomings. The paper argues that the significant normative steps taken through the Witness Protection Scheme 2018 and BNSS have been seriously outweighed by disadvantages in their implementation, limited dissemination and inadequate support structures. It offers the parliament a set of reforms that focus on legislative, institutional, and procedural aspects, with witness protection at the core of ensuring a fair trial and maintaining public trust in India's criminal justice system.
Keywords: Witness Protection, Hostile Witnesses, Witness Protection Scheme 2018, BNSS 2023, Indian Criminal Justice System.
