Witness Protection Scheme Under BNSS
- IJLLR Journal
- 5 days ago
- 1 min read
Tanvi, Army Institute of Law, Mohali
ABSTRACT
Witness protection constitutes a vital pillar of India’s criminal justice system, as the effective administration of justice depends upon truthful and fearless testimony. This Article examines the constitutional, statutory, and judicial framework governing witness protection in India. It begins by analysing the conceptual and legal understanding of a “witness” under the Bhartiya Sakshya Adhiniyam, 2023, and highlights the central role of witnesses in ensuring fair trial and rule of law. Further, it traces the historical evolution of witness protection, from early Law Commission recommendations and judicial observations to the formulation of the Witness Protection Scheme, 2018 and Section 398 of the Bhartiya Nagarik Suraksha Sanhita, 2023.
The Article identifies existing gaps in implementation, including overreliance on police discretion, temporary safeguards, and uneven state compliance. It concludes by suggesting structural, institutional, and technological reforms necessary to transform witness protection from a reactive mechanism into a robust, rights-based constitutional safeguard.
