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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