Truth on Trail: A Critical Study of Witness Protection in India

ABSTRACT

The effective functioning of India’s criminal justice system hinges significantly on the safety and cooperation of witnesses, who are often the linchpin in establishing truth and securing convictions. Despite their pivotal role, witnesses in India frequently face severe threats, intimidation, and pressure, leading to hostile testimonies, acquittals, and a pervasive erosion of public trust in judicial processes. This paper, “Truth on Trial: A Critical Study of Witness Protection in India,” critically examines the evolution, efficacy, and challenges of witness protection measures, particularly focusing on the Witness Protection Scheme, 2018. Through a comprehensive analysis of legislative efforts, landmark judicial pronouncements, and the scheme’s practical implementation, this study identifies its strengths, notably its formal framework and diverse protective measures. However, it argues that the scheme’s non-statutory nature, implementation hurdles, funding constraints, and lack of uniform application across states significantly undermine its effectiveness. The paper delves into the ground realities of witness intimidation and the systemic vulnerabilities that persist, highlighting the disconnect between policy intent and actual outcomes. Ultimately, this research underscores the urgent need for a robust statutory framework, dedicated resources, and enhanced public awareness to safeguard witnesses, thereby fortifying the pursuit of justice and upholding the rule of law in India