LLM student at Dept. of Law and Justice, Southeast University, Dhaka
Witness plays a very significant role to decide over any legal dispute. The significance of witness is high in criminal law legal system. Witness is considered eyes and ears of the court. The magistrate sees nothing by himself, he solely pronounces judgement relying on the testimony of the witness. The protection of witness is a crying need as criminal law legal system aims only to ensure justice. If witness, in a case, is manipulated or bribed, it is impossible to ensure justice. Moreover if the witness is threatened to life or social security, he will not be willingly eager to testify in the court. This will affect the legal proceeding grievously. Thus no witness will have courage to testify in the court if the accused is powerful. For this reason witness protection is required in all type of criminal case. It is unfortunate that state protects the victim to ensure fair trial whereas it is totally dependent on the witness. Most of the time state doesn't protect the witness or fail to protect the witness. So eye-witness fears to testify in the court. And thus justice is being ignored. Here the author has documented the importance of witness protection, history of witness protection in the ancient time, highlighted some important precedent regarding witness protection and finally, suggested how Bangladesh can take steps to protect the witness, during and after criminal proceeding, to ensure justice.
International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 1494 - 1519DOI: https://doij.org/10.10000/IJLMH.112063
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