Witness Protection In India: An Evaluation Of Its Role In Ensuring Fair Criminal Trials
- IJLLR Journal
- 1 day ago
- 2 min read
Hana Shaikh, LL.M. (Criminal law), Crescent School of Law, B.S. Abdur Rahman Crescent Institute of Science and Technology, TN
ABSTRACT
In the administration of criminal justice, witnesses play a crucial role since their evidence often helps courts resolve contentious factual issues and reach fair decisions. However, witnesses may be prevented from freely and honestly testifying by pressure, threats, intimidation, and other forms of influence. the ensuing phenomena of witness animosity might jeopardize the larger goal of a fair criminal trial in addition to having an impact on specific cases. In Mahender Chawla v. Union of India, the Supreme court of India, acknowledged the importance of systematic witness protection by approving the Witness Protection Scheme, 2018 and directing its implementation nationwide and suitable legislation was passed. Section 398 of the Bhartiya Nagarik Suraksha Sanhita 2023 (BNSS), which specifically mandates that each state government create and announce a Witness protection scheme, is a further development. In the framework of just criminal proceedings, this essay critically assesses the evolution and efficacy of witness protection in India. The main characteristics of the Witness Protection Scheme, 2018, the constitutional underpinnings of witness protection, the judicial development of the concept, and the legislative recognition later granted under the BNSS are all examined. The study tells that even though India has made great strides in acknowledging witness protection as a crucial part of criminal justice, the frameworks efficacy ultimately rests on its consistent application, institutional capacity, sufficient resources, and the authority’s capacity to react appropriately to varying degrees of threat. Therefore, the study aims to evaluate whether the current framework adequately balances the interests of victims, witnesses, accused individuals, and the administration of justice.
