WITNESS PROTECTION

ACT
• INTRODUCTION :-
• Witness plays an important role in legal proceedings.
• Witness protection in India is not heavily discussed matter as compared to other issues like rape, domestic
violence, etc.. and frankly speaking, it is unfair and wrong.
• Both the parties to the case know that an individual witness can hold the verdict in this favor,
consequently, many times witnesses are either emotionally black mailed to stay quiet and change their
stand in a case.

• DEFINATION :-
• “‘Witness’ means any person, who possesses information or document about any crime regarded by the
competent authority as being material to any Criminal proceedings and who has made a statement, or
who has given or agreed or is required to give evidence in relation to such proceedings.”
 

TYPES OF WITNESS :
1. Prosecution witness: Any witness who has been brought into the court to testify by the prosecution while
supporting their claims.

2. Defence witness : Any person who justifies the contentions of the defence by providing such statements
that can discharge the accused from any charges filed.

3. Eye witness : Any person who helps the court by describing the acts committed on the crime scene with
complete authenticity as it was present there and has first hand information.

4. Expert Witness : Any person who has the professional, educational or judicial expertise on the matter
beyond any average individual, and the court can rely on its testimony to declare a verdict.

5. Hostile witness : Any person who by his consequent statements gives out an impression of not letting out
the truth or not desirous of hiding the truth.
6. Child witness : A child who has the understanding of the questions of the court or has the rational
answers to the questions put forward can testify in a court as per section 118 of Indian Evidence Act.

7. Dumb Witness : Any person who is not capable of giving oral statements to provide
statements in written declaratory form in the court. Such written statements shall be deemed as oral
evidence

8. Chance Witness :Any person who by the matter of coincidence happens to be present at the site of
crime committed.

9. Accomplice Witness : Any person who was connected to the crime in its illegal commission or omission
provides the statements in the court.

10. Interested Witness :Any person who has some interest in the case or its verdict in order to extract some
material benefit out of it.
WITNESS PROTECTION ?
It is the civil duty of witness who stands at a trail to speeak nothing but the truth. The protection of witness from
threats to his life or property at various spheres is the duty of state.various provisions pertaining to victim assistance
and witness protection has been introduced for addressing the issue of witness protection in a hostile manner.
 
WITNESS PROTECTION CASES :
MAHENDRA CHAWLA VS UNION OF INDIA :
On 5th December, 2018, in the case of Mahender Chawla vs Union of India. The Supreme Court observed that “there
is a paramount need to have witness protection regime, in a statutory form, which all the stakeholders and all the
players in the criminal justice system concede” but “no such legislation has been brought about.”
Accordingly, the Supreme Court approved the Witness Protection Scheme, 2018 and directed it to come into effect
immediately. It was directed that the “Union of India as well as States and Union Territories shall enforce the
Witness Protection Scheme, 2018 in letter and spirit and that it shall be the ‘law’ under Article 141/142 of the
Constitution, till the enactment of suitable Parliamentary or State Legislations on the subject. In line with the
provisions contained in the Scheme, it was directed that in all the district courts in India, vulnerable witness
deposition complexes shall be set up by the States and Union Territories within a period of one year. The Central
Government was asked to support this trying of the States/Union Territories by helping them financially and
otherwise.
CONCLUSION:
Witness is an important component of the Criminal Justice System. They coordinate in court process by
lending their testimony. It is often said that by giving evidence witness actually performs a sacred
duty.Therefore, they should be given due respect. However, various instances have come in light that
discloses the plight of witnesses. They are not only treat badly and harassed in Courts but also faces
intimidation and torture from the accused during the course of the trial. For all these sufferings they
don’t have any recourse. Law Commission of India repeatedly highlighted the problem faced by the
witness during the course of the trial in its numerous reports. Honourable Supreme Court in its various
pronouncements discusses the problem faced by the witnesses and acknowledges the need for facilities
to be provided to them. The Supreme Court in its recent judgment also approves the Witness Protection
Scheme, 2018 as there was no Central legislation pertaining to the protection of witnesses. As per the
judgment the Scheme shall be treated as law until any suitable legislation is framed by the Parliament.
Therefore, it is a mandate on the Union Government, State governments and Union Territories to take all
the efforts and initiatives to implement the Scheme in letter and spirit. The purpose of the Criminal
Justice Administration shall only be accomplished when the witness is provided with an environment
wherein he could depose freely without fear psychosis.
SUBMITTED BY
N.Vamsi
1st B.A.LLB(HONS.)
Vignan Institue of law

SUBMITTED TO
L. Ashish Kumar
BA.LLB (HONS.)
ASSISSTANT PROFESSOR,Vignan Institue of law

THANK YOU ………