Student at Karnavati University, Gandhinagar, India
Student at Karnavati University, Gandhinagar, India
The cornerstone of justice lies in the integrity of witnesses, often regarded as the "eyes and ears" of the judicial system. This research delves into the multifaceted concept of witnesses, tracing its evolution from ancient doctrines like Manusmriti to modern legislative frameworks. It highlights the crucial role witnesses play in ensuring fair trials, especially in high-profile cases. It thus highlights the vulnerability of witnesses at the hands of intimidation, compulsion, and systemic apathy, which further leads to the hostile behavior they exhibit. For this purpose, the research compares key legislation enacted in the field, such as the Witness Protection Scheme 2018 and judicial interpretations to assess the existing safeguards' strength and weaknesses. Through the analysis of landmark cases, such as the Jessica Lal case, Best Bakery case, and others, the study illustrates the challenges that witnesses endure, especially under the influence of power and societal scrutiny. The paper further identifies gaps in the current witness protection mechanisms, such as limited time frames, lack of independent oversight, and insufficient focus on risk assessment. Advocating for a stronger, more inclusive witness protection framework, such research would advocate reform through legislation, increase responsibilities, and create independent bodies towards adequate response to threats. It seeks to push for a greater understanding about the importance of a witness in the justice system while soliciting systemic change to ensure the sanctity and dignity of a witness.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1291 - 1306
DOI: https://doij.org/10.10000/IJLMH.119814This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021