This Article is written by Ridhika Manchanda of 2nd Semester of Maharaja Surajmal Institute, Ip University, Delhi
Abstract
The paper highlights the crucial role played by witnesses in legal proceedings and how their testimony can have a significant impact on the outcome of a case. Due to this, both parties involved in a case are aware of the importance of having witnesses on their side and may resort to unethical practices such as emotional blackmail or bribery to manipulate them into changing their testimony. To address this issue, various schemes and procedures have been put in place to protect witnesses and ensure that they can testify without fear of retaliation. For instance, witness protection programs provide a safe environment for witnesses and their families, including relocation, security, and financial assistance. Additionally, some countries have laws that make it illegal to intimidate or harm witnesses. Moreover, the paper emphasizes the need for witnesses to be treated with respect and sensitivity, as they may be traumatized by the events they witnessed or fear for their safety. Therefore, it is essential for legal professionals to handle witnesses with care and provide them with the necessary support throughout the legal process. In conclusion, witnesses play a crucial role in legal proceedings, and it is vital to protect them from any form of intimidation or harm. By implementing appropriate schemes and procedures, legal systems can ensure that witnesses can testify freely and without fear, thus promoting justice and fairness in the legal system.
Keywords- Witness,Witness Protection Scheme, Vulnerable witness, Witness protection in India
Introduction
The paper highlights the critical role played by witnesses in legal proceedings in India and how their testimony can be crucial in ensuring justice is served. However, witnesses often face threats, intimidation, and harassment, which can prevent them from coming forward and providing testimony. This is a significant concern for the Indian legal system, as it can lead to the accused being acquitted even if they are guilty.
To address this issue, various measures have been put in place to protect witnesses in India. The Witness Protection Scheme (WPS) was introduced in 2018 by the Ministry of Home Affairs to provide protection to witnesses and their family members. The scheme provides for the relocation of witnesses, their families, and their change of identity, where necessary. It also provides for financial assistance to witnesses who require it.
However, the implementation of the WPS has been slow, and many witnesses still face threats and harassment. There have been instances where witnesses have been killed or harmed despite being under the protection of the state. Therefore, there is a need for the Indian legal system to take witness protection seriously and implement the WPS effectively.
Moreover, the paper highlights the need for legal professionals to handle witnesses with care and sensitivity. Witnesses may be traumatized by the events they witnessed or fear for their safety, and it is essential to provide them with the necessary support throughout the legal process. Legal professionals must also ensure that witnesses are not subjected to any form of harassment or intimidation.
In conclusion, witnesses play a crucial role in the Indian legal system, and it is vital to protect them from any form of intimidation or harm. By implementing appropriate measures such as the WPS and handling witnesses with care, the Indian legal system can ensure that witnesses can testify freely and without fear of retaliation.
Witnesses in Legal Proceedings
In legal proceedings, witnesses are individuals who provide testimony about a crime or an event that they have witnessed. Witnesses can be crucial to the outcome of a case, as their testimony can provide evidence that can help convict or exonerate the accused. Witnesses can be called by either party to testify in court or to provide evidence during an investigation. Witnesses can be categorized into two types – fact witnesses and expert witnesses.
Fact witnesses are individuals who have firsthand knowledge of the crime or event in question. They can provide testimony about what they saw, heard, or experienced. Expert witnesses, on the other hand, are individuals who have specialized knowledge or expertise in a particular field. They can provide testimony based on their professional experience or training.
Vulnerable Witnesses
Certain witnesses may be considered vulnerable due to their age, mental or physical disabilities, or intellectual impairments. Vulnerable witnesses may have difficulty comprehending the questions posed to them during legal proceedings, and they may require special protection and support to provide testimony. In India, the Delhi High Court Guidelines on the protection of vulnerable witnesses define vulnerable witnesses as children under the age of 18. However, the Indian Evidence Act does not include a definition of vulnerable witnesses.
Recent Developments Relating to Vulnerable Witnesses in India
The issue of protecting vulnerable witnesses in criminal proceedings has become increasingly prominent in India. In 2017, the Supreme Court ordered the establishment of at least two vulnerable witness deposition centers under each High Court’s jurisdiction for immediate use. The Court recognized that vulnerable witnesses, including children, rape survivors, and victims of sexual abuse, may find the court environment highly stressful and may experience mental and physical threats. Witnesses who are children or people with disabilities may also be bribed or threatened to change their testimony, resulting in their reluctance to provide evidence.
Witness Protection in India
The issue of witness protection has become a significant concern in India’s legal system. Witnesses who provide testimony against powerful individuals or criminal organizations face threats, intimidation, and harassment. The lack of proper protection provided by the state is one of the main reasons for witnesses changing their stance during legal proceedings, leading them to become known as hostile witnesses. According to the 4th National Police Commission Report of 1980, most Indian witnesses are coerced or pressured by the accused, leading to their becoming hostile. Regulations focused on witness manipulation are necessary to address this issue.
The issue of witness protection has become a significant concern in India’s legal system, particularly for witnesses who provide testimony against powerful individuals or criminal organizations. The lack of proper protection provided by the state is one of the main reasons why witnesses change their stance during legal proceedings, leading them to become known as hostile witnesses.
As per the 4th National Police Commission report of 1980, most Indian witnesses are coerced or pressured by the accused, leading to their becoming hostile. This highlights the need for regulations focused on witness manipulation to address this issue. The witness protection scheme introduced by the Indian government in 2018 is a step towards this direction. However, more needs to be done to ensure that witnesses are adequately protected.
One of the ways to address this issue is by implementing stricter laws and regulations to punish those who intimidate or threaten witnesses. Additionally, law enforcement agencies must be trained to handle witnesses with sensitivity and care and provide them with adequate protection throughout the legal process.
Furthermore, creating awareness among the general public about the importance of protecting witnesses and the consequences of intimidating or threatening them is crucial. This can be achieved through campaigns and educational programs that raise awareness about the critical role played by witnesses in ensuring justice is served and the need to protect them from harm.
In conclusion, addressing the issue of witness protection is crucial to ensuring a fair and just legal system in India. Stricter laws and regulations, sensitizing law enforcement agencies, and creating awareness among the public are some of the measures that can be taken to protect witnesses from intimidation and harm.
Witness Protection Scheme, 2018
In 2018, the Indian Government established the first Witness Protection Scheme to provide adequate protection to witnesses, their family members, and anyone else associated with them who may face threats or danger due to their testimony. The scheme includes measures such as identity protection, relocation, financial assistance, and counseling services. The scheme also provides for the creation of a Witness Protection Fund to finance the protection measures.
The Witness Protection Scheme, 2018 is a significant step towards providing adequate protection to witnesses in India. However, there is still a long way to go in terms of implementing and enforcing the scheme effectively. It is crucial that the government and the legal system work towards creating a safe environment for witnesses to come forward and provide testimony without fear of intimidation or harm.
The Witness Protection Scheme (WPS) introduced by the Indian government in 2018 is a significant step towards ensuring that witnesses can come forward and provide testimony without fear of intimidation or harm. The scheme provides various protective measures, including identity protection, relocation, financial assistance, and counseling services to witnesses and their family members who may face threats or danger due to their testimony.
However, the implementation and enforcement of the scheme need improvement. There have been instances where witnesses under the protection of the state have been harmed or killed, indicating that more needs to be done to ensure their safety. The government and the legal system need to work towards creating a safe environment for witnesses to come forward and provide testimony. This includes ensuring that law enforcement agencies are trained to handle witnesses with sensitivity and care, and that the legal system provides adequate support and protection to witnesses throughout the legal process.
Moreover, it is crucial to create awareness among the general public about the importance of protecting witnesses and the consequences of intimidating or threatening them. This can be achieved through campaigns and educational programs that raise awareness about the critical role played by witnesses in ensuring justice is served and the need to protect them from harm.
In conclusion, the Witness Protection Scheme, 2018 is a significant step towards providing adequate protection to witnesses in India. However, there is still a long way to go in terms of implementing and enforcing the scheme effectively. The government and the legal system need to work together to create a safe environment for witnesses to come forward and provide testimony without fear of intimidation or harm, and to create awareness among the public about the importance of protecting witnesses.
Conclusion
Witnesses play a crucial role in legal proceedings, and their protection is essential to ensure justice is served. The lack of protection for witnesses has resulted in many individuals refusing to testify or changing their stance during legal proceedings. The Witness Protection Scheme, 2018 aims to provide adequate protection to witnesses in India. However, there is still a long way to go in terms of implementing and enforcing the scheme effectively. It is crucial that the government and the legal system work towards creating a safe environment for witnesses to come forward and provide testimony without fear of intimidation or harm. The protection of vulnerable witnesses, including children and individuals with disabilities, is also a significant concern that needs to be addressed. Overall, witness protection is crucial to ensure that justice is served and that individuals can provide testimony without fear of retribution.
The Witness Protection Scheme (WPS) introduced by the Indian government in 2018 is a significant step towards ensuring that witnesses can come forward and provide testimony without fear of intimidation or harm. The scheme provides various protective measures, including identity protection, relocation, financial assistance, and counseling services to witnesses and their family members who may face threats or danger due to their testimony.
However, the implementation and enforcement of the scheme need improvement. There have been instances where witnesses under the protection of the state have been harmed or killed, indicating that more needs to be done to ensure their safety. The government and the legal system need to work towards creating a safe environment for witnesses to come forward and provide testimony. This includes ensuring that law enforcement agencies are trained to handle witnesses with sensitivity and care, and that the legal system provides adequate support and protection to witnesses throughout the legal process.
Moreover, it is crucial to create awareness among the general public about the importance of protecting witnesses and the consequences of intimidating or threatening them. This can be achieved through campaigns and educational programs that raise awareness about the critical role played by witnesses in ensuring justice is served and the impact of witness intimidation on the legal system.
In conclusion, while the WPS is a significant step towards providing adequate protection to witnesses in India, there is still much work to be done to ensure that witnesses can come forward and provide testimony without fear of intimidation or harm. The government and the legal system need to work together to create a safe environment for witnesses, and the general public needs to be educated about the importance of protecting witnesses.
References
- http://delhihighcourt.nic.in/writereaddata/upload/notification/notificationfile_lcwcd2x4.pdf
- https://www.mha.gov.in/sites/default/files/Documents_PolNGuide_finalWPS_08072019.pdf
- https://www.livelaw.in/top-stories/supreme-court-establishment-of-vulnerable-witness-deposition-courtrooms-child-witness-187253
- https://www.mondaq.com/india/trials-appeals-compensation/914274/witness-protection-safeguarding-the-eyes-and-ears-of-justice
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