PROTECTION OF WITNESSES IN JUSTICE DELIVERY PROCESS IN INDIA: A CRITICAL STUDY

Abstract

A witness is considered to be one of the most essential clues for judiciary to arrive at a rational 
conclusion while deciding in a criminal case. The judicial system of India has always faced 
significant difficulty to deal with problems related to witness protection. Witness hostility still 
continuous to prevail and witness protection remains to be bleak. The major complications faced 
while conducting trails is witnesses are vulnerable and easily subjected to pressures of withdrawal 
from the case, the fear of intimidation, the expenditure involved during proceedings and the 
ultimate fear or any physical or mental hurt. The most concerning fact to the justice delivery system 
is India is that intimidation is a profound factor having serious impact on the government to enforce 
witness protection laws in India. The historical background and foundation of the relevance of a 
true witness has been mentioned and elaborated in one of India’s most ancient texts know as the 
Dharmashastra. The concept of witness protection has grown evidently and it’s study has further 
been divided in four major parts namely, ancient, medieval, British and modern era. Protection of 
witnesses has been visibly salient since its first realisation was marked by the 14th Law 
Commission Report, since then Indian legislation has introduced copious Law Commission 
Reports which inculcates various aspects  for protection of the identity of witnesses as well as their 
families. The postulation of witness protection is a global notion which is widely conversed and 
deliberated about. The international aspect of witness protection is of a broader spectrum, it 
includes numerous organization and international conventions which works directly in favour of 
stimulating appropriate legislation in subject of witness protection. The Indian legislature has 
constructed several laws over the time which provides for diverse witness protection rights. 
Different statutory laws in India discuss about providing witnesses complete protection such as 
the India Penal Code, 1860, the Code of Criminal Procedure, 1973, the POSCO Act, 2012 and 
assorted other acts.In order to provide the required protection to all those coming forth to serve 
information as a witness in court of law the Witness Protection Bill, 2015 was passed in the 
parliament which finally attained its relevance with the implementation of Witness Protection 
Scheme, 2018, which was enacted in its true spirit by the Apex Court of India to enable witnesses 
to dispose truthfully, fearlessly and to strengthen witness protection laws among the citizens of 
India. It was observed over the years from pre-independence era till 2011 onwards that Indian 
judiciary has donated tremendously towards safeguarding witnesses by issuing corroborative 
guidelines in favour of protection of witnesses in various landmark cases. It was observed that the 
utmost need of witness protection was realised in the very starting of the 21st century and 
specifically in the case of Swaran Singh v. State of Punjab. The Indian Judiciary has played a pivotal role in furnishing the legislation with safeguarding guidelines in various landmark cases 
related to witness protection and contributing into further amelioration and upgrading of witness 
protection laws in India. 

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