Witness Protection Act 2018: Key Provisions, Constitutional Context, And Amendments

Anamika Kumari & Dhiraj Kumar Mishra, University Department of Law, T M Bhagalpur University, Bhagalpur

ABSTRACT

The Witness Protection Act 2018 was a landmark piece of legislation in India, aimed at protecting witnesses from threats and intimidation, thereby ensuring they can testify freely and truthfully. This paper delves into the key provisions of the Act, examines its constitutional context, and discusses relevant amendments. By exploring these aspects, the paper aims to highlight the significance of the Act and suggest further improvements for comprehensive witness protection in India.

1. Introduction

Witnesses are integral to the criminal justice system, providing crucial testimony that can significantly influence the outcome of legal proceedings. However, threats and intimidation often deter witnesses from coming forward or testifying truthfully, thus compromising justice. To address these challenges, India enacted the Witness Protection Act 2018. This paper explores the key provisions of the Act, their constitutional underpinnings, and necessary amendments to strengthen the witness protection framework.

2. Overview of the Witness Protection Act 2018

The Witness Protection Act 2018 was introduced to ensure the safety and security of witnesses by providing various protection measures such as identity change, relocation, and security. The Act categorizes witnesses into three levels based on threat perception and outlines procedures for implementing protection measures.