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Reformative Approach Towards Fair Trial: A Critical Analysis Of Protection Of Witnesses In India




Shweta Jugran, School of Law, Forensic Justice and Policy Studies, National Forensic Sciences University, Gandhinagar, Gujarat


ABSTRACT


Witness plays a key role in the criminal justice delivery system. They are the eye and ear of the court when providing a conclusion to a trial. The Indian Judiciary has repeatedly highlighted the need for a fair trial for justice for both the accused and the victim. However, for the functioning of a fair trial, we have long forgotten a witness who becomes a key player in dispensing justice. A witness is a person present at the place of commission of the crime and whose testimony becomes crucial to complete the trial.


Time and again, the witness has faced many difficulties during the investigation and the trial. They hold grudges against the accused, and their family members sometimes lose their lives during the whole process. These problems direct the state's attention to coming up with a full-fledged witness protection law. In this article, the researcher will shed light on the need for witness protection law and what developments have been made in this direction until now. With that, the researcher will highlight the challenges ahead and analyse the Witness Protection Scheme 2018. The researcher will also provide some recommendations that can be made in this direction.


Keywords: Witness, Fair Trial, Adjournments, Loopholes, Intimidation.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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