An Analysis Of Legal Journey Towards Witness Protection Scheme In India

Abstract

India's high-profile trials are plagued by witness intimidation, jeopardizing the fair trial principle in criminal proceedings. The accusatorial system hinges on independent witnesses to guarantee justice for both victims and defendants. However, these witnesses are often subjected to threats and harassment, turning them hostile and eroding the justice system's integrity. Despite the constitutional right to testify (Article 21), witnesses are frequently disregarded and even threatened. Law commission reports emphasize the critical need for a comprehensive witness protection program. Existing legal provisions offer limited safeguards, and legislative attempts like the 2015 Witness Protection Bill and the 2020 Victim and Witness Protection and Assistance Bill have not been successful. In response, the Supreme Court established the 2018 Witness Protection Scheme in Mahender Chawla v. Union of India. This paper delves into the factors contributing to and the consequences of hostile witness behavior in India. It then critically evaluates the effectiveness of the 2018 Scheme and underscores the urgent need for a robust legislative framework to safeguard witnesses.