Anchal Singh, Law College Dehradun
Prof. Abhiranjan Dixit, Law College Dehradun
ABSTRACT
The basic feature and one of the most important factors of Criminal Justice system is witness protection whereas in India the witness protection laws are so weak that now criminals have been using those weak laws for their own benefit for a very long time now yet the government has failed the people of India in making better laws for witness protection. The weak laws present in India for protection of witness lead to witnesses being one of the most vulnerable targets, there has been many cases where the witness has turned hostile just because of insufficient laws for their protection. Primarily the people are afraid to be a witness in court and if someone is courageous enough then they are threatened for their life and their family to turn hostile and the laws in India make this situation no better. This seriously jeopardises the administration of justice. This article highlights the history of legal provisions and the present framework under the Code of Criminal Procedure (CrPC) as it explores the historical development of witness protection in India from the ancient and mediaeval times through the modern day. The lack of adequate protection systems, despite the rules in place, is demonstrated by a number of high-profile incidents involving threats or physical damage to witnesses. Stronger witness protection laws have been consistently asked for in Law Commission reports; these suggestions, which include physical protection, anonymity, and the prompt recording of witness testimony, have mainly gone unexecuted. The 2018 Witness Protection Scheme was approved by the Supreme Court, which is a big step forward, but further legislation is needed to address the scheme's shortcomings. This essay will delve into the historical overview of witness protection in India, discuss the current situation, analyse the challenges faced by witnesses, offer suggestions for improvement, provide development details, and conclude with an emphasis on strengthening witness protection measures.
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