Witness Protection In India And USA: A Comparative Analysis

Priyanshi Modi, University of Petroleum and Energy Studies

Priya Garg, University of Petroleum and Energy Studies

ABSTRACT

The primary goal of a criminal justice system is to serve justice, which can only be accomplished when correct testimony of witnesses is obtained and proper evidence is presented. As a result, witnesses are one of the key aspects for a trial to reach a fair judgement. The testimony of a witness may have a direct impact on the conviction or acquittal of an accused. As a result, it is essential that the witness be safeguarded so that they do not feel intimidated or fear revealing the truth in court. Because witnesses and their families are being threatened and their lives are being jeopardised as a result of a lack of sufficient protection, they turn hostile. This paper contributes to a better understanding of witness protection in India and The United States. The United States has "Witness Protection" regulations that most countries do not have. Some of the most essential parts of "Witness Protection" issues that the "Witness Protection Programmes" in the United States deliberate on and deal with fully and extensively prevention of "witness intimidation" and the maintenance of "anonymity” while on the other hand India does not offer this type of protection to the witness. It also looks into the obstacles that witnesses experience, such as threats, coercion, and physical harm, which prevent them from testifying truthfully. These challenges have direct repercussions for the justice systems efficacy, as cases are weakened due to the lack of credible testimony. Furthermore, this paper discusses the notion of witness protection and analyses India's witness protection scheme 2018 in relation to the provisions of the Code of Criminal Procedure, 1973 and the Evidence Act, 1872. And presents a comparative analysis of the witness protection in India and USA.