WITNESS PROTECTION AS A PILLAR OF FAIR TRIAL: AN INDIAN PERSPECTIVE

AUTHOR – CHARUMATHI. T* & VAISHALI T**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (TNDALU)

** ASSISTANT PROFESSOR OF LAW DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (TNDALU)

BEST CITATION – CHARUMATHI. T & VAISHALI T, WITNESS PROTECTION AS A PILLAR OF FAIR TRIAL: AN INDIAN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 732-743, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Witnesses’ ability to give testimony without fear or intimidation is one of the key contributors to the image of the criminal justice system. Yet, in India, witnesses usually suffer threats, harassment, and inducements that compromise the process of a fair trial. The present research paper is an analysis of the development and importance of witness protection in the Indian criminal justice system. It follows the historical background and development of the different modes of witness identity protection, varying from anonymity and rehousing to in-camera hearing. The research examines the existing statutory framework, court precedents, and the enactment of the Witness Protection Scheme, 2018, as the first holistic endeavor towards institutionalizing protective steps for witnesses. In addition, it assesses the kinds of protections offered—such as physical security, identity alteration, and procedural protections—along with their shortcomings in real-world implementation. The article also addresses the suggestions of the Law Commission of India, especially its focus on balancing the accused’s rights with ensuring a safe environment for witnesses. In the process, it pinpoints loopholes like insufficient finance, absence of public awareness, and scanty enforcement provisions. The research sums up by making suggestions to beef up the scheme such as statutes’ enactment, improved coordination between police and judiciary, and adoption of global best practices. Finally, the paper contends that an effective witness protection system is crucial to uphold the credibility of trials, safeguard human rights, and dispensation of justice.

keywords: criminal justice system, witness, fair trial, law commission, dispensation of justice