WITNESS PROTECTION IN THE CRIMINAL JUSTICE SYSTEM OF INDIA: A STUDY WITH SPECIAL REFERENCE TO WITNESS PROTECTION SCHEME, 2018

Abstract

Witness plays an important role in justice delivery system. He is the foundation of justice and equity. He is therefore deciding the future of the case . Without the evidence of witnesses, prosecution case cannot be built up. If the witness is not ready for testimony before the competent Court then the trial will get handicapped and putrefied. That’s why, witness is called the backbone of trial. The condition of the witnesses is very miserable in India. However, neither has the Union of India nor any State Government come forward to frame any law or even a scheme for protecting the interest of witness. The Law Commissions and Committee are set up by the Government for protecting the interest of witness. Such Commissions and Committees highlight the issues, problems and conditions of witnesses, who become a witness in a case through its reports.1 There are some constitutional, procedural and substantive laws for witnesses, their safety, and security. Some legislations are existed to protect the rights of a victim but very little legislation exist to protect the witness and his rights. The Hon’ble Supreme Court emphasized that the State has the responsibility to make laws regarding the protection of witnesses because it is needed at present. So, our judiciary takes a serious step for protecting the witnesses and held that the Witness Protection Scheme, 2018 will be law under Articles 141 and 142 of the Indian Constitution till suitable legislation are made. It is concluded that there is no sufficient law for the protection of witnesses. It is needed that there must be in law for witness protection.
Keywords: Witness Protection, Criminal Justice System, Witness Protection Scheme 2018, Supreme Court, Indian Constitution.