Witness Protection in Indian Criminal Justice System

  • Piyush Goyal and Aditya Awasthi
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  • Piyush Goyal

    Student at Asian Law College, India

  • Aditya Awasthi

    Student at Asian Law College, India

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Abstract

In a democratic country like India crime rate is increasing at a burning speed but as far as justice is concerned ,it is not equal to pace of it. A criminal case is built upon the edifice of evidence that is admissible in law for that In criminal case witness plays pivotal role in determining the final outcome. Witness are regarded as one of the most indispensable element in the criminal justice system. It is because of them that the trial finds some substance so as to arrive at a fair conclusion. The inputs provided by the witness may have direct bearing on the conviction or acquittal of an accused, hence it is desired that such witness be protected from the wrath of extraneous factors that have the capability to change his stance over a particular case. Extraneous factors in form of corruption or threats form a majority which result in turning of the witness hostile, hence it becomes rudimentary for the state to ensure protection of such witness so as not to alter the prescribed course of justice. It is a rule of law that no rights of the witness should be prejudiced by way of threats, intimidation or corruption therefore, to allow him to testify for or against the case which he had been a witness to with full liberty. In the words of Jeremy Bentham “Witnesses are eyes and ears of the Courts”, hence, it becomes imperative on part of the State to provide adequate protection to the witness to ensure ideal working of the wheel of justice.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 2, Page 1927 - 1938

DOI: http://doi.one/10.1732/IJLMH.26444

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