Beyond A Reasonable Doubt? A Critical Analysis Of Circumstantial Evidence And Hostile Witnesses
- IJLLR Journal
- Sep 1
- 1 min read
Mansa Kumaran, PES University
ABSTRACT
The principle of proof beyond reasonable doubt is the fundamental principle of criminal justice. In India, it often gets complicated by gaps in investigation, and hostile witnesses, particularly in cases solely reliant on circumstantial evidence. This research will examine how procedural irregularities, gaps in the recovery/collection of evidence, lapses in test identification parades, and chain of custody undermine the evidentiary basis. It will also explore how hostile witnesses, usually with little protection and other witness intimidation, corrode the corroboration of testimony. By undertaking a rigorous analysis of landmark case law, and reconciling this with recent legislative developments, including the Bharatiya Nyaya Sanhita (2023) and the Witness Protection Scheme, the research will highlight how these interrelated issues potentially undermine prosecution cases. The research concludes with the acknowledgement that improving investigative integrity, witness protection, and developing a robust system of judicial scrutiny is crucial for ensuring fair trial rights, minimising wrongful convictions, and protecting the procedural integrity of criminal adjudication. This paper will put forward a co-ordinated intervention agenda with the aim to develop procedural safeguards and evidentiary standards, pursuing constitutional obligations for procedural justice, and public confidence in the Indian criminal justice system.
Keywords: Circumstantial evidence, witness hostility, investigative lapses, witness protection, fair trial, criminal justice reform, proof beyond reasonable doubt, procedural safeguards
