PROTECTION OF WITNESSES IN INDIAN LEGAL SYSTEM
AUTHORS – VASHISHTHA MISHRA* & MS.EKTA ROSE**, STUDENT* AND ASSISTANT PROFESSOR** AT AMITY UNIVERSITY LUCKNOW UTTAR PRADESH
BEST CITATION – VASHISHTHA MISHRA & MS.EKTA ROSE, PROTECTION OF WITNESSES IN INDIAN LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1442-1450, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The term “witness” refers to someone who can testify as essential in legal or criminal litigation; in this context, it points at the significance of testimony itself from the material evidence and the nature of presentation. A witness is essential in the exact placement of the structure of the criminal justice system of any country’s establishment. To this end, the factual testimony of witnesses provides necessary direction to the court and catapults it to the stage where the convicted is sentenced to serve time while the victim embarks on a journey of justice. The criminal law and the internal functioning of the witness protection are the two most important sectors to be focused on by the Indian Judiciary. So that this evidence by witnesses is not destroyed, i.e. by the choosing of witnesses to change their testimony and so on, the investigation should be underway for secondly it aims to make that the whole process of gathering and preserving of it is done during the examination. Consequently, it deals with the issue by offering a program in which potential witnesses have their protection and safety assured not only during the trial itself, but also while all the process that takes place in the beginning and until the end of a case. Testimonies of witnesses are the main source of evidence in criminal courts, and Evidence Act of 1872 and Code of Criminal Procedure of 1973 have been formulated in a precise manner to ensure that witness statements are tested and fully substantiated before such statements are marked in the court in question. The main goal of this study is to review the currently available witness protection procedures in India and thus detect the many rights violations related to the insufficient legislation on the matter.