WITNESS PROTECTION: A STEPPING STONE TO RESTORATIVE JUSTICE
Ms. Neha Singh
Ph.D. Research Scholar
University Department of Law, Patna University.
And
Prof. (Dr.) Mahammad Sharif
Principal, Patna Law College & Research Supervisor, Faculty of Law
Patna University, Patna
Best Citation – Ms. Neha Singh & Prof. (Dr.) Mahammad Sharif, WITNESS PROTECTION: A STEPPING STONE TO RESTORATIVE JUSTICE, 2 (4) & 39 of 2022, IJLR.
Abstract
Witnesses play a decisive role in criminal trial. They serve as edifice on which the very institution of Criminal Justice System rests. Their testimony assists in tracing out the guilt of the accused and enables successful prosecution of criminal offenders. Hence, it is imperative to provide adequate protection to witness so as to ensure free flow of justice without any hindrance. Howsoever, the prevailing state of affairs in India in respect of witness protection seems to be quite worrisome and is turning deplorable day by day, thereby adversely affecting the quality of deposition and potentially the outcome of a trial. Delay in the administration of justice and inadequate witness protection make them reluctant to participate in the process of law. Daily reports of incidence of violence, harassment, inducement and torture reflect their vulnerability and often make them turn hostile which is glaringly visible in many of the high-profile criminal cases. Lack of an efficient legal mechanism regulating witness protection is an important reason behind low rate of conviction.
The Witness Protection Scheme, 2018 which was affirmed by the Apex Court in the Landmark Judgement of Mahendra Chawla v Union of India would have gone a long way in instilling confidence in witnesses and thereby furthering the cause of justice howsoever, it suffers from various flaws including poor implementation.
The present study analyses the role of witness in the Criminal Justice adjudication, various problems faced by them including reasons of hostility as well as scope for assistance and protection. The researcher has also discussed about the statutory provisions pertaining to witness protection and has attempted to make a comprehensive study of some Witness Protection Programs existing across the globe. The researcher further concludes by highlighting the urgent need for an effective witness protection legal regime so as to uphold the concept of fair trial.
Key Words: Criminal Justice System, Witness, torture, hostility, Witness Protection Program.