Efficacy of Witness: A Study from International Perspective

In modern times, when organized crimes have enhanced and are becoming dreadful it is the obligation of the state to afford effective protection to the witnesses as they perform the sacred duty of helping out the courts to discover the truth. For the up keeping of the rule of law everyone is entitled to fair trial as it is a fundamental right originating from Article 21 of the Constitution of India and also considered as a human right. It averts the miscarriage of justice. It has been examined that witnesses turn inimical especially in high profile cases, either because of any reprisal or other alluring proposals which ruptures the integrity of the criminal justice system. The society thus holds the perception that the mighty can always get away from the clutches of law. In an effort to rejuvenate people’s faith in the criminal justice system they should be assured that state has an obligation to protect them while assisting it in the administration of justice. It is pivotal to state that the statement adduced by the witness aids the court sum up with a rational or judicious decision. In the course of investigation and trial of such crimes, it is crucial that witnesses have confidence in the authority as the statement adduced by them has a catalytic force which can determine the fate of the trial. The witness should be free from all fear and favor at the time of furnishing his testimony. In this article, the authors have endeavored to throw light on the definition of the term witness, framework and procedure of witness protection scheme in different countries. The researchers have made an attempt to draw a comparative study of the scheme among world’s most developed, developing and under developed countries.