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PAPER ID:IJIM/Vol. 7(X)/February 2023/32-36/6
AUTHOR: Ritu
TITLE: HOSTILITY OF WITNESSES IN CRIMINAL TRAILS: EMERGING ISSUES AND CHALLENGES
ABSTRACT: The court system’s role in ensuring justice for victims and punishing offenders is a key indicator of its effectiveness. To determine guilt, courts examine all the evidence presented by the parties, whether oral or written. Witness testimonies are used to support the oral evidence. Witnesses are an important source of information for the courts, as they can provide details about the accused person’s actions and motives. The witness accounts help the courts to make a fair judgement. Therefore, witnesses are essential for the administration of the criminal justice system. Whittaker Chambers said that “in search of truth, he plays that sacred duty of the sun, eliminating the darkness of ignorance and illuminating the face of justice, surrounded by devils of humanity and compassion.” However, witnesses face many challenges and risks in India. They often receive reports of inducement, intimidation, harassment, and threats from various parties. These incidents create fear and hesitation among witnesses, who may not want to testify or cooperate with the legal process. They may also become hostile or biased against the accused person. Moreover, there is no witness protection system in India that can guarantee the security and safety of witnesses. The Law Commission of India has recommended several measures to address this issue in its report on witness protection. The purpose of this research paper is to explore this problem and its implications for the criminal court system in India. It will also examine how CrPC can protect witnesses from harm and danger. In this essay, it will discuss both the advantages and disadvantages of witness protection programs in India. It will also review the Law Commission’s recommendations and suggest a comprehensive strategy for witness protection in India. The main focus of this paper is on ensuring a fair trial for all parties involved in a criminal case.
KEYWORDS: Witnesses, Law Commission of India, Criminal Justice Administration, Oral Evidence, CrPC