Protection Of Witnesses Under Existing Criminal Law In India: A Critical Study
- IJLLR Journal
- Apr 21
- 2 min read
Fathimabee M, Assistant Professor in Centre of Legal Education – Sri Manakula Vinayagar Engineering College (SMVEC), Puducherry
ABSTRACT
Witnesses play a crucial role in the administration of criminal justice, as their testimony often forms the foundation upon which courts determine the guilt or innocence of an accused person. However, in India, the effectiveness of the criminal justice system has frequently been undermined by the intimidation, harassment and inducement of witnesses, leading many of them to turn hostile during trial proceedings. The absence of adequate protection mechanisms historically discouraged witnesses from freely and truthfully participating in judicial processes. Recognizing these concerns, the judiciary and the State have gradually taken steps to ensure greater protection for witnesses. A significant development in this regard was the introduction of the Witness Protection Scheme, 2018, which was approved and implemented under the directions of the Supreme Court of India. This scheme seeks to safeguard witnesses through measures such as identity protection, relocation, security arrangements and in-camera proceedings where necessary. Additionally, contemporary criminal legislation, including the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, reflects an evolving commitment toward strengthening procedural safeguards within the criminal justice system. This research paper critically examines the existing legal framework governing witness protection in India and evaluates its effectiveness in ensuring fair trials and justice delivery. The study analyses constitutional principles, statutory provisions and judicial interpretations relating to witness protection, while also considering comparative perspectives from other jurisdictions. Further, it highlights the practical challenges faced in the implementation of protective mechanisms, including institutional limitations and systemic delays. The paper ultimately argues that strengthening witness protection is essential for maintaining public confidence in the criminal justice system and ensuring the effective administration of justice.
Keywords: Witness Protection, Criminal Justice System, Witness Protection Scheme 2018, Fair Trial, Criminal Law in India.
