LEGAL FRAMEWORK PERTAINING TO WITNESS PROTECTION

SANJAY M BA0140052

TITLE

LEGAL FRAMEWORK PERTAINING TO WITNESS PROTECTION

JUSTIFICATION

In any criminal case, the witness plays a crucial role in determining the final outcome. Due to this, the
parties often threaten the witnesses, turning them hostile and interfering with the fair administration of
justice. Hence, it becomes very important to protect the witnesses so that they do not get intimidated or
fear revealing the truth in court. The provisions for the protection of witnesses exist in various legislations
and are not consolidated in a separate legislation whereas in the other jurisdictions there are separate
legislations to deal with the protection of witnesses.

TENTATIVE CHAPTERISATION

I. INTRODUCTION
II. SILENT WITNESSES
a. Protecting Our Witnesses
b. Ensuring Witness Safety Central to Rule of Law
III. STATUTORY PROTECTION TO WITNESS: Position Under Indian Law
a. Code of Criminal Procedure, 1973
b. Indian Penal Code, 1860
c. The Indian Evidence Act, 1872
d. Special Statutes in India
IV. LEGISLATIVE AND JUDICIAL TRENDS
V. DELHI WITNESS PROTECTION SCHEME, 2015
VI. CONCLUSION

RESEARCH OBJECTIVE

To determine the Rights of witnesses and their level of security in criminal cases
To examine and explain the provisions for the protection of witnesses exist in various legislations
To analyze the reasons for failure of witness protection laws in India and the need for the witness
protection programs

RESEARCH QUESTION

Is the existing laws for the witness protection is adequate enough to safeguard the witnesses?
Is there a need for a general law dealing with witness protection in all criminal cases where there
is danger to the life of the witness or of his relative or to his property?
Does India needs a Witness Protection programme that can guarantee that witnesses will not be
harmed in any way and to ensure that justice and truth prevails in the largest democracy in the
world?

HYPOTHESIS
 LEGAL FRAMEWORK PERTAINING TO WITNESS PROTECTION

SANJAY M BA0140052
Many developed countries across the globe provides for the witness protection laws but sadly in India,
there is no such legislation framed with regard to this issue.

RESEARCH METHODOLOGY

Descriptive research, as its name suggests, describes the state of affairs as it exists at present. It merely
describes the phenomenon or situation under study and its characteristics. It reports only what has
happened or what is happening. It therefore does not go into the causes of the phenomenon or situation.
The methods commonly used in descriptive research are survey methods of all kinds, including
comparative and co-relational methods, and fact-finding enquiries of different kinds. Thus, descriptive
research cannot be used for creating causal relationship between variables. While in analytical research,
the researcher uses his facts or information already available and makes their analysis to make a critical
evaluation of the material.

SURVEY OF LITERATURE

The researcher would be reviewing 3 articles and 3 books for fulfilling the purpose of this research
project and will add upon other articles with this shortly.

REVIEW OF LITERATURE

Naveena Varghese, PROBLEMS FACED BY WITNESS AND THEIR PROTECTION

February 14, 2015

In this the author explained the problems faced by the witness for a criminal case in india. Its
mainly because no valid legislations that could protect them.

Uma Saumya, Towards a legal regime for protecting the rights of victims and witnesses
Combat Law, Vol. 2,
In this the author had mentioned the rights and duties and protection of the witness in a criminal
case and the validity of the existing laws and indicates the need for the separate statute for the
protection of witness
Law Commission of India, 198th Report on Witness Identity Protection and Witness
Protection Programme Seventeenth Law Commission under the Chairmanship of Mr.
Justice M. Jagannadha Rao
In this report this commission report has interpreted the juvenile justice act and had mentioned
the child witness and also their protection level in india.
Lokur, M. B., Access To Justice: Witness Protection and Judicial Administration
In this book the author had described the judicial activities for the reaction of the witness and how
they provide protection for the witness
 LEGAL FRAMEWORK PERTAINING TO WITNESS PROTECTION

SANJAY M BA0140052
A.Hariprasad, Director, Kerala Judicial Academy, WITNESS PROTECTION-Birds-eye
view.
In this it has been said that the State has to ensure that during the trial in the Court the witness
could safely depose the truth without any fear of being haunted by those against whom he had
deposed. Supreme Court reminded the State that it has a constitutional obligation and duty to
protect the life and liberty of the citizen.
Dhruv Desai, TREATMENT AND PROTECTION OFF WITNESS IN INDIA.
The author says about the Witness protection program and witness protection In fact, it is the
absence of these laws that has helped in further strengthening the criminals and offenders. But
ironically in India, such programs and laws are a far cry from reality, where leave alone
protection, the witness is not even treated with respect or asked for water.

SET OF DATA COLLECTION TOOLS

The procedure adopted for the modus of data collection would purely be library and the sources available
from the Internet. All the sources referred in the subject analysis would be clearly cited as per the standard
legal citation format.