Efficacy Of Witness Protection Measures In Rape Trials
- IJLLR Journal
- Jul 9
- 1 min read
Nikita Banerjee, LL.B., Jindal Global Law School
ABSTRACT
This essay undertakes a critical review of the effectiveness of witness protection strategies in rape trials in India, evaluating both their normative structure and practical implementation. Rooted in statutory interpretation, majorly Sections 327 Cr.P.C. and 228A IPC, and based on seminal judicial dicta, such as State of Punjab v. Gurmit Singh and Nipun Saxena v. Union of India, the research questions how far such constitutional guaranties actually immunise victims from threats, stigmatisation, and coercion. It also examines the Witness Protection Scheme, 2018, approved by the Supreme Court in Mahender Chawla v. Union of India, and assesses its working effectiveness in the light of high-profile failures like the Unnao and Asaram Bapu cases. Based on empirical research, case law, and systemic analysis, the paper uncovers wide disjunctions between intent at the legislative level and ground-level implementation between institutional indifference and funding limits and lack of post-trial safeguards. The paper concludes with focused suggestions for statutory reform, investment in infrastructure, and procedural sensitiveness, making a case for an overall, rights-based approach that repositions witness protection as a proactive pillar of criminal justice in sexual violence cases.
