JUDICIAL INTERPRETATION AND WITNESS PROTECTION: A REVIEW OF LANDMARK INDIAN JUDGMENTS

AUTHOR – BONALA KISHAN* &  DR. Y. PADMAJA RANI**

RESEARCH SCHOLAR (PH.D.)* & ASSOCIATE PROFESSOR (RETD.)**

DEPARTMENT OF LAW, UNIVERSITY COLLEGE OF LAW, KAKTIYA UNIVERSITY, WARANGAL – 506009

BEST CITATION – BONALA KISHAN &  DR. Y. PADMAJA RANI, JUDICIAL INTERPRETATION AND WITNESS PROTECTION: A REVIEW OF LANDMARK INDIAN JUDGMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 560-569, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Witness protection is a fundamental aspect of ensuring justice in any criminal justice system. In India, however, the safety and well-being of witnesses have historically been neglected, leading to a high incidence of witness hostility, retractions, and intimidation—especially in high-profile or politically sensitive cases. This has resulted in the derailment of many trials, thereby undermining public trust in the judiciary and the criminal justice process. Recognizing these challenges, the Indian judiciary has emerged as a proactive institution in developing legal strategies and safeguards to protect witnesses, particularly in the absence of a robust statutory framework for many years. This article critically examines the evolution of judicial interpretation concerning witness protection in India. It explores landmark judgments such as Zahira Habibulla Sheikh v. State of Gujarat, Sakshi v. Union of India, Praful Desai v. State of Maharashtra, and Mahender Chawla v. Union of India, among others. These decisions have played a crucial role in affirming that the right to a fair trial under Article 21 of the Constitution includes the right of witnesses to depose without fear, coercion, or undue influence. The article further analyzes the Supreme Court’s endorsement of the Witness Protection Scheme, 2018, and evaluates its operational scope and limitations. It also offers comparative insights from jurisdictions like the United States and the United Kingdom, emphasizing the need for legislative reform and effective implementation mechanisms. Ultimately, this article argues that witness protection is not merely a procedural necessity but a constitutional obligation. Strengthening judicial interpretation with statutory backing and administrative support is vital to ensure that justice is not only done but seen to be done.

Keywords: Criminal Justice System, Witness Protection, Judicial Interpretation, Hostile Witnesses, Fair Trial, Constitutional Law, Law Reforms, Human Rights