WITNESS PROTECTION IN CRIMINAL TRIALS

Abstract

There is a perceived need for a strong witness protection regime under the changing landscape of criminal justice system in India, in the wake of the recently introduced laws suggesting overhaul of the old criminal laws (Naik, 2024). Evidence given by witnesses plays a very crucial role in the judicial system and therefore the absolute accuracy of their testimony is vital in order for justice to be served (Aryaniand Triwanto, 2021).Effective estimation, prosecution and adjudication of criminal offense depend on the capacity of witnesses to present natural and true account unaffected by any threat or influence (Hidayat et al., 2021). But witnesses can also come under pressure, receive threats and even be subject to violence - especially in cases of organised crime, terrorism or high-powered figures. Such vulnerability may discourage witnesses from testifying, which may then result in suppression of a key piece of evidence and hinder the pursuit of justice. The enactment of new criminal laws in India allows us to work on a stronger legislation on witness protection and help overcome the weaknesses of the current mechanism. An intensive witness protection programme is a crtitcal factor for engendering a climate of trust and confidence in the law and order process so that people are encouraged to participate in the administration of criminal justice without fear of retaliation. This preventative support is not limited to physical safety but also applies to their financial and societal welfare, including assistance for relocation, jobs, and counseling. Along with making the protection of witnesses explicit, the new laws can go a long way in increasing the quality and efficiency of criminal investigations and prosecutions, and ultimately create a fairer and more equitable society. Protection of witnesses is not just to secure the witness; this is part of the rule of law, part of the strength of our judicial profile,” he said. Failures in witness protection services risk leading to loss of faith in the public and confidence in the administration of justice as well as grant criminals free reign.