Study of the Witness Protection Scheme, 2018
- Nathishia Rebecca Chandy
- July 14, 2020
Content :
According to Jeremy Bentham, ‘Witnesses are the eyes and ears of justice’. Witnesses wield an immense amount of power in a trial. In many instances it is the deposition of witnesses that makes or breaks the case that determines whether the case will end in acquittal or conviction, whether justice is served and the truth upheld. Due to their pivotal role in the outcome of a case, witnesses have been highly susceptible and have been subjected to threat to life and property, injury and intimidation. Witnesses have been murdered on court grounds to prevent a deposition, many refuse to give a statement before court due to fear of actualization of impending threat on their life, limb or property.It is the primary duty of the court in any trial to arrive at the truth, however in many instances the hostility of witnesses has acted as a major barrier to the quest for truth and the dispensation of justice.In the case of Zahira Habibullah Sheikh v. State of Gujarat , the Supreme Court laid stress upon the importance of an honest witness to ensure a fair trial and emphasized on urgent requirement of ‘Witness Identity and Witness Protection Programs’ in India.
