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VOL. 11, ISSUE 8 (2025)
Judicial interpretation and witness protection: A review of landmark Indian judgments
Authors
Bonala Kishan, Dr. Y Padmaja Rani
Abstract
Witness protection is a fundamental aspect of
ensuring justice in any criminal justice system. In India, however, the safety
and well-being of witnesses have historically been neglected, leading to a high
incidence of witness hostility, retractions, and intimidation—especially in
high-profile or politically sensitive cases. This has resulted in the
derailment of many trials, thereby undermining public trust in the judiciary
and the criminal justice process. Recognizing these challenges, the Indian
judiciary has emerged as a proactive institution in developing legal strategies
and safeguards to protect witnesses, particularly in the absence of a robust
statutory framework for many years. This article critically examines the
evolution of judicial interpretation concerning witness protection in India. It
explores landmark judgments such as Zahira Habibulla Sheikh v. State of
Gujarat, Sakshi v. Union of India, Praful Desai v. State of
Maharashtra, and Mahender Chawla v. Union of India, among others.
These decisions have played a crucial role in affirming that the right to a
fair trial under Article 21 of the Constitution includes the right of witnesses
to depose without fear, coercion, or undue influence. The article further
analyzes the Supreme Court's endorsement of the Witness Protection Scheme,
2018, and evaluates its operational scope and limitations. It also offers
comparative insights from jurisdictions like the United States and the United
Kingdom, emphasizing the need for legislative reform and effective
implementation mechanisms. Ultimately, this article argues that witness
protection is not merely a procedural necessity but a constitutional
obligation. Strengthening judicial interpretation with statutory backing and
administrative support is vital to ensure that justice is not only done but
seen to be done.
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Pages:30-35
How to cite this article:
Bonala Kishan, Dr. Y Padmaja Rani "Judicial interpretation and witness protection: A review of landmark Indian judgments". International Journal of Law, Vol 11, Issue 8, 2025, Pages 30-35
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