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Research Paper | Law | India | Volume 12 Issue 5, May 2023 | Popularity: 5.2 / 10

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The Concept and History of Witness Protection Act in India

Uday Shankar M

Abstract: According to Jeremy Bentham, ?Witness is the eyes and ears of Justice?. Protection of witnesses from intimidation or harm in the form of security arrangements is imperative to the integrity and success of any judicial process. [Chris Mahony, The Justice Sector Afterthought: Witness Protection in Africa (Institute of Security Studies Pretoria 2010)] Without adequate witness protection systems in place there are injustices meted out both to the victims and the state, as many witnesses out of fear of speaking the truth or on the fear of repercussions do not come to depose before the court, leading to miscarriage of justice. Right from ancient times India has given the witnesses their due respect by acknowledging their contribution to prosecution by praising them in smritis and artashastras. However, unlike other countries of the world, India still does not have a witness protection Act enacted by law to protect and safeguard the interests of the witnesses. This paper aims to provide insights on the history of Witness Protection in India, if any and its effectiveness in the current day scenario. The authors rely on secondary sources of data in this paper and try to conclude by pressing for an independent Act which would protect the witnesses under the criminal justice system.

Keywords: Witness Protection in India, Criminal Justice system in India, Sources of witness protection in India, Law, India, Justice, Safeguard to witnesses, Victims and State

Edition: Volume 12 Issue 5, May 2023

Pages: 437 - 439

DOI: https://www.doi.org/10.21275/SR23504205504

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