A Strict Enforcement and Awareness of Witness Protection Law: Need of Hour

Abstract

The witness is an important participant in every trial, whether it is civil or criminal. Testimony of witness is the most widely used and common form of evidence to find the truth of the case and in achieve the goal of complete justice. Witnesses have always been a very important source of prove in a trial, they are compulsory in any system of jurisprudence. The witness executes a “sacred duty” by testifying before the court. In this fight against injustice, it is the crucial duty of the judicial system to provide effective protection for people,informants,witnesses and victims. Right from inception, it is an accepted fact that the main purpose of the judicial system is to find out the truth behind any dispute. Victims and witness co-operation is essential for a fair and successful prosecution, but it is often seen that they do not co-operate out of fear. Therefore,providing protection to witnesses is expedient for law enforcement as well as a fundamental obligation of the legislative body of every country. India’s Supreme Court came up with a witness protection scheme in 2018 in the Mahender Chawla versus Union of India¹ case to protect the witnesses who are giving evidence against the accused persons from any dangers or threats that may affect the process of law. However, lack of awareness among the people and its lack of effective enforcement results in continuance of an emerging threat upon witnesses. The witness still do not feel safe coming to court and giving their testimony before the court. Therefore, it is a need of the hour that the provisions provided in the witness protection scheme should be strictly enforced and awareness among the general public about its provisions should be done .The research paper aims to explain and discuss the laws relating to protection of witnesses provided in different statues in India and important case laws of supreme court of India as well as different high courts which emphasize the need of witness protection laws in India for achieving the goal of fair trial and for doing complete  justice.