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VOL. 11, ISSUE 7 (2025)
Accountability and oversight in the implementation of witness protection schemes in India
Authors
Ankit
Abstract
Witness intimidation severely undermines fair trials in high-profile
Indian criminal cases. The adversarial system requires unbiased, reliable
witnesses to ensure justice, but threats and harassment frequently lead to
hostile witnesses, weakening the judicial process. “Article 21 of the Indian
Constitution” protects the right to testify, but witnesses often lack
protection and face threats. Despite Law Commission reports urging a
comprehensive witness protection program, existing laws are inadequate and past
legislative attempts in 2015 and 2020 bills have failed. The problem of witness
intimidation in India necessitates comprehensive solutions. To tackle this, the
Supreme Court introduced a “Witness Protection Scheme in 2018” in the case of
“Mahender Chawla v. UOI”. However, this scheme, while a step forward, requires
deeper analysis to understand its effectiveness and limitations. This paper
delves into the root causes of witness hostility in the Indian context,
exploring the various factors that contribute to reluctance or fear among
witnesses to come forward and testify truthfully. A crucial part of this
analysis will be a critical evaluation of the “Witness Protection Scheme,
2018”. This paper examines its strengths and weaknesses, considering its practical
implementation and impact on witness safety and cooperation with judicial
processes. Ultimately, the paper argues for a more legally sound framework to
protect witnesses. The Current situation underscores the urgent need for
comprehensive legislation to effectively participate in the judicial system,
thereby ensuring justice is served. Such legislation must address the systemic
issues that contribute to witness intimidation and create a more secure
environment for those who are crucial to the pursuit of justice.
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Pages:130-133
How to cite this article:
Ankit "Accountability and oversight in the implementation of witness protection schemes in India". International Journal of Law, Vol 11, Issue 7, 2025, Pages 130-133
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