Protection Of Witnesses Under Indian Criminal Justice System

Nishi Nigam, LL.M, Institute of Law and Legal Studies, Sage University Indore

ABSTRACT

Bentham believed that witnesses served as the court’s eyes and ears. In India, it is not uncommon to witness witnesses in high profile cases become hostile during trial proceedings. One of the fundamental tenets of criminal procedure is holding a fair trial in order to guarantee justice for both the accused and victim. In any criminal case, the witness is crucial in determining the outcome. As a result, the parties frequently threaten witnesses, making them hostile and interfering with the impartial administration of justice. As a result, it is crucial to safeguard the witnesses. They are not frightened or fearful of telling the truth in court. The foundation of the legal system is the fact that witnesses are not coerced or threatened by the court, nor are they fearful or partial. The foundation of justice will not only be damaged, but it may even be destroyed, if witnesses are fired out of intimidation, fear, or even out of grace or desire. Even more significant than the defendant’s personal interest in ensuring due process. In this context, the comment made by the Supreme Court in the case of Zahira Habibullah Sheikh is relevant, as it highlights the significance of the role played by witnesses in criminal proceedings. As a result, the criminal justice system urgently needs to safeguard witnesses and provide them more authority, particularly those who defend prominent defendants who are well known and closely associated.