Witness Protection: A Grey Area in the Criminal Justice System in India

In the words of Bentham, “Witnesses are the eyes and ears of justice”. But today, it is just any other sayings said by some great men, for now the words witness and justice don’t rest together. In the present times where justice is tainted with weak or rather scanty law enforcement mechanism, tedious State procedures and organized crime groups, witnesses are left with nothing less of a harassment, abuse and hostility. Even though the need for identifying witness protection has been earlier identified, heard and attempted to be addressed by the legislatures and judiciary, yet the concept remains fragile in implementation till date. Starting from the fact that the term ‘witness’ is not even defined in the Code of Civil Procedure, 1973 or The Indian Penal Code, 1860, there is dearth in witness protection mechanism in India. Witness intimidation, witness hostility, delay in justice administration and sometimes lack of adjudication of justice at all, is a vicious circle that has grappled the law and justice from roots since ages. This research article intends to highlight the grim position of witnesses in the hands of accused, unruly police department and intricate court procedures. The legislative developments from Law Commission Report of 2001, to Malimath Committee on Reforms of Criminal Justice System of 2003 to witness protection amendments in the Penal Code in 2006, and many other allied Acts, there still lies a long way ahead to achieve a meaningful witness protection mechanism in the country.