As law abiding citizens of this country, we all wish for a just and crime-free nation. The judicial system also is on guard all the time to make sure that every crime is punished. A witness who has encountered any details of a crime is one of the most important parts of the investigation and the trial process hence it is important that they feel safe and confident enough to testify. Witness protection scheme plays a pivotal role in ensuring this. Read on to know more about the witness protection scheme in India.
Who is a witness?
If we had to explain in the simplest words, a witness is a person present at the crime scene and has seen the event or has any details about the happening or event which he will be verifying in front of the court under oath. The person who has knowledge of such wrongdoing and crime and testifies in front of the court with the said vital information is a witness and is an indispensable and one of the most vital parts of any criminal trial. As a matter of fact, they prove to be fundamental when it comes to reaching the final verdict.
What is the need for witness protection?
A crime has the involvement of many people and threads both small and influential. It is often seen in the cases where the influential and wealthy are involved that they might want to deter the witness from testifying by the means of bribe, fear etc. The witness might be under stress or pressure from the criminals to not testify in order to gain wrongful acquittals. The witness protection scheme hence proves to be of paramount importance as it makes sure the witness feels safe and confident in the judicial system and comes forward with the true information which will help bring justice to the wronged.
Challenges in witness protection
It is a known fact that the common Indian citizen is always afraid to come forward and be a witness owing to the lack of courage and the lack of faith in the authorities. The time taken to complete the legal formalities and proceedings also makes it difficult for the authorities to convince the witness. The Indian Judicial system does not have a specific definition on witness and hence there are no strict laws as compared to our western counterparts such as America and UK.
Supreme Court on the witness protection scheme
On December 5, 2018, the Supreme Court approved the Centre’s draft witness protection scheme and directed all the states to implement it till Parliament comes out with a legislation.
The scheme, finalised in consultation with the National Legal Services Authority (NALSA) and Bureau of Police Research and Development (BPRD), has three categories of witnesses based on the threat perception. The categorization is done to help decide the type of protection to be applied at the time of the threat.
The scheme also envisages that there should be safeguards that witnesses and accused do not come face to face during investigation or trial and a new identity be provided to the witness if the need arises.
Law commission reports
The 14th law commission recognised that the arrangements for witnesses were grossly inadequate and suggested they be paid allowances to cover that gap.
The 198th law commission report stands as the one which most progressively recognised the need for witness identity protection etc.
In the Report, the Commission identified three categories of witnesses: (i) victim-witnesses who are known to the accused; (ii) victims-witnesses not known to the accused (e.g. as in a case of indiscriminate firing by the accused) and (iii) witnesses whose identity is not known to the accused. Category (i) requires protection from trauma and categories (ii) and (iii) require protection against disclosure of identity.
The Commission recommended witness anonymity and protection where there is danger to the witness, to his properties or to those of his relatives, at all stages-investigation, inquiry, trial, and appeal.
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