RESEARCH DESIGN

STATEMENT OF PROBLEM

According to “BENTHAM” witnesses are the eyes and ears of justice.

WITNESS, through ages has been a key player in the pursuit of justice delivery. The
fundamental of justice necessitate that the truth and impartiality must be quintessence of
justice. This bring role of an onlooker or third party as witness to confirm or report to criminal
justice agencies the ingredients of the incident. The sanctity of the statements made by the
witness is considered to be correct and factual as they are made under oath. Calling of the
witness to offer his testimony in a case is not a new idea. It was present even in ancient India.
Kautilya in his famous work ‘Arthasastra’ has written that –

“The parties shall themselves produce who are witnesses and who are not far removed either
by time or place. Witnesses who are far away or who will not stir out shall be made to
present themselves by the order of the judge”. Hence the role of witness has been
paramount importance in assisting course of justice.

But unfortunately in our country the trend is such that the witnesses do not wish to come to
the Court of Law to give their statement and evidence, because of the fact that they feel
unsafe, even if they come to the Court for testimony, they turn hostile due to threats and
intimidation thereby opening avenues for accused to be acquitted. In India, there is no law,
till date, relating to the Protection of Witnesses.

SIGNIFICANCE OF THE STUDY

The research is of immense social, political and judicial importance. In the words of
Wadhwa J.
“A criminal case is built on the edifice of evidence, evidence that is admissible in law for that
witness are required whether it is direct evidence or circumstantial evidence.” Thus a witness
is an important point in a case apart from the complainant and the accused by giving
evidence relating to the commission of the offence. Witness performs a sacred duty of
assisting the court to discover the truth.

SCOPE OF STUDY

The scope of the present study is on highlighting the need for enacting a Witness Protection
law in India. The research focuses on the issue of Witness Protection in light of the fact that
conviction rate is low in India and acquittal rate is high either because of the fact that the
witnesses do not come forward to depose before the court due to fear or some other reasons
or witnesses turn hostile.

OBJECT OF THE STUDY

This study will explore exactly what we mean when we talk about effective witness
protection, highlighting the main reasons why witnesses do not want to testify. What are the
main reasons for the hostility of witnesses & how this menace can be curbed? This study
intends to analyze the conditions of witness protection in India, how does the assault on
witnesses act as a hurdle in our Criminal Justice System and what remedies can be suggested
to remove these hurdles during the administration of criminal justice.

HYPOTHESIS

Witness an integral part of Criminal Justice System. The ultimate decision or judgment in
criminal cases depends upon deposition of the witness. But it is frequent practice that
Witnesses in criminal cases turn hostile due to threats and bargains and lack of adequate
legislation to regulate such activities and provide them ample protection. Witnesses to some
extent have place of recognition in other States but in India, Witness is no man or lost
identity in the Criminal Justice System. It is urgent and mandatory to have a strong legislation
to provide protection and regulate the conduct of witnesses.
ANALYSIS OF LITERATURE

The literature resources for analysis has been collected from various sources such as statues,
journals, books articles, newspaper, International instrument etc.

All sources of information have been cited in the footnotes to the main text that may serve as
useful tool to guide those desiring to undertake in depth research in any of the areas that this
work contains. The internet had a substantial effect to the research work as it made the
research more wide and convenient. The footnotes only tell of those websites that existed at
writing the research matter along with the date when they were accessed.

RESEARCH QUESTION

 Who is a Witness and Concept of Witness at National and International level?

 What are the common causes for Hostility?
 What is Witness Protection Program its Elements and Mechanism?
 Which International instruments and Convention recognize the need for Protection of
Witness?

 Which Legal Provisions of Indian criminal law deals with Protection of Witness?

RESEARCH METHODOLGY

The present research work is based upon the doctrinal method of research. The research has
been done by using primary as well as secondary resources. The library is used for completing
the present research.

Research methodology is a way to solve the research problem systematically. Data will be
collected from newspaper articles, periodicals, internet sites, reports, journals, judicial
decisions and commentaries of various laws by different authors. Primary to the extent of
that the books will be referred in great depth. Secondary sources such as World Wide Web
and articles published there in will also be made use of.

PLAN OF STUDY
The present research has been presented schematically by dividing into the
following

CHAPTER1. Introduction

CHAPTER2. Witness Protection Program- Concept and Mechanism

CHAPTER3. Witness Protection Program- UN Conventions, UN Orgnisation and

Tribunal (ICC, ICTY, ICTR)

CHAPTER3. Witness Protection Program- Global perspective

CHAPTER4. Witness Protection Program- Indian legal perspective

CHAPTER5. Judicial approach

CHAPTER6. Conclusion and suggestions